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HomeMy WebLinkAbout2004-08-31 Council minutes Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 31,2004 Iowa City City Council special 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. Council minutes tape recorded on Tape 04-52, Side 2. The Mayor proclaimed Throwback Game Day - September 4, 2004, University of Iowa Athletic Director Bob Bowlsby accepting; Suicide Prevention Week - September 5-11,2004, Executive Director Ross Wilburn accepting. Moved by O'Donnell, seconded by Elliott, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. July 21, Special Council Work Session; August 2, Special Council Formal Official and Complete; August 2, Regular Council Work Session; August 3, Regular Council Formal Official and Complete; August 17, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Charter Review Commission - July 29, 2004; Human Rights Commission - June 22, 2004; Police Citizens Review Board - July 13, 2004; Parks and Recreation Commission - June 9, 2004; Board of Adjustment - June 9,2004; Board of Adjustment - July 14, 2004; Planning and Zoning Commission - July 1, 2004; Planning and Zoning Commission - July 15, 2004; Public Art Advisory Committee - July 1, 2004; Housing and Community Development Commission - June 17,2004; Historic Preservation Commission - July 22, 2004; Historic Preservation Commission - July 8, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Griffin Hospitality, Inc., dba Gus' Roadhouse & BBQ, 2208 N. Dodge St.; Outdoor Service Area for Griffin Hospitality, Inc., dba Gus' Roadhouse & BBQ, 2208 N. Dodge St.; Outdoor Service area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Renewal: Class C Beer Permit for Kum & Go, LC dba Kum & Go #422, 513 S Riverside Dr.; Class E Liquor License for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class C Liquor License for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Suite 112; Outdoor Service Area for Diamond Dave's Mexican Restaurants, Inc., dba Diamond Dave's, 201 S. Clinton St. Suite 112; Class C Liquor License for Atlas World grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Special Class C Liquor License for Cottage of Iowa City, Inc., dba Cottage Bakery & Café, 14 S. Linn St.; Class C Liquor License for Takanami, LLC, dba Takanami, 217 Iowa Ave.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; Refund an Complete Description August 31,2004 Page 2 unused portion of a Class C Liquor License for CMB, Inc., dba Gringo's, 115 E. College Street. Motions: Consider a motion to approve disbursements in the amount of $19,234,903.87 for th'e period of June 1 through June 30, 2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-231, INTENT TO CONVEY 925 E WASHINGTON STREET TO FRIENDS OF HISTORIC PRESERVATION, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR SEPTEMBER 14,2004. RES. 04-232, SETTING A PUBLIC HEARING for September 14 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 SANITARY SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-233, SETTING A PUBLIC HEARING for September 14 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, SPECIAL PROVISIONS AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 04-234 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 1905 GLEASON AVENUE, IOWA CITY, IOWA. RES. 04-235, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE AND MORTGAGE FOR THE PROPERTY LOCATED AT 721 ih AVENUE, IOWA CITY, IOWA. RES. 04-236, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1204 ASH STREET, IOWA CITY, IOWA. RES. 04-237, 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 401 SOUTH GILBERT STREET, IOWA CITY, IOWA. RES. 04-238, AUTHORIZING THE MAYOR TO EXECUTE 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 733 HIGHLAND AVENUE, IOWA CITY, IOWA. RES. 04-239, RESCINDING RESOLUTION NO. 96-22, AND ESTABLISHING A DISCOUNT PROGRAM FOR CITY UTILITY SERVICES INCLUDING WATER, WASTEWATER, SOLID WASTE, RECYCLING, AND/OR STORM WATER SEWER FOR QUALIFYING LOW-INCOME RESIDENTS. RES. 04-240, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WHISPERING MEADOWS, PART TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Complete Description August 31 , 2004 Page 3 Correspondence: JCCOG Traffic Engineering Planner regarding Change parking meter term in the 100 block of South Clinton Street from 60 minutes to 30 minutes [Correspondence included in Council packet]; JCCOG Traffic Engineering Planner regarding Change in on-street parking regulation in the 200 block of South Linn Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS with arrow signs in the 200 block of Prentiss Street; Drinking Issue letters from Mike Porter, Vicki West; Airport letters from Randy Hartwig(X2), Forrest Holly, Stan Ziewacz [staff response included]; Amy Martin regarding Jazz Fest; Dan Arthur and Craig Norton regarding Iowa City/Coralville Jaycees Thank You; Youngsung Kim regarding Traffic Concern; David A. Baculis Sr. & Karen Baculis regarding Car Lot Concern; E-Newsletter City of Atlanta August 4, 2004; Dennis Kowalski regarding Comments on Iowa City Living; Terry Rasmussen regarding Traffic Study/Speed Study Request; Charlotte Walker regarding Grand Piano for the Senior Center; Deb Twombly regarding Visitor from New Hampshire [Staff response included]; Jim Clayton regarding Speaker at Hancher Auditorium; Sarah Henningfield regarding Seeks Council advice on becoming a Council Member [Staff response included]; Saul Mekies and Carol Spaziani regarding MidAmerican Energy; Gilbert/Linn Historic District letters from Madeline Sullivan, Glen Winekauf- Mercy Hospital, Amy & Michael Singer, Steve and Barbara van der Woude, Wally Plahutnik & Victoria Walton, Marcy Rosenbaum, William Lake, Jeff Dill (See additional correspondence in 8/26/04 Information Packet); Stephen J. Radosevich regarding Dogs at Hickory Hill Park [Staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for September 14 on an ordinance rezoning 20.8 acres by amending a Planned Development Housing Overlay (PDH-8) plan for Idyllwild Condominiums, a 104 dwelling unit development, located between Foster Road and Taft Speedway. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Elliott, to adopt RES. 04-241, APPROVI NG THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 77, WALDEN WOOD PART 6 (Jensen Street), IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-242, APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing execution of a Conservation Easement Agreement for preservation of the Englert Civic Theater. No one appeared. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 04-243, AUTHORIZING EXECUTION OF A CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF THE ENGLERT CIVIC THEATER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 2608 Indigo Court to a Section 8 Program participant. No one appeared. Complete Description August 31, 2004 Page 4 Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-244, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2608 INDIGO COURT TO A SECTION 8 PROGRAM PARTICIPANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Oakland Cemetery Sewer Separation project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-245, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY SEWER SEPARATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing application to the Iowa Department of Cultural Affairs for certification of the Iowa City Cultural District for at least 10 years. Josh Schamberger, Iowa City/Coralville Convention and Visitor Bureau, appeared. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from: Patricia Forsythe, Linda Maxson, William Korf, Deb Dunkhase, John and Sandra Hudson, Willard Boyd, Della and Gaylord "Duke" McGrath. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to adopt RES. 04-246, AUTHORIZING APPLICATION TO THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR CERTIFICATION OF THE IOWA CITY CULTURAL DISTRICT FOR AT LEAST 10 YEARS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, that the ordinance amending the City Code Title 10, "Public Ways", Chapter 3, "Commercial Use of Sidewalks", Section 3B-1, to permit the unobstructed 8 foot pedestrian way required for sidewalk cafes to be in zone 3 of City Plaza, 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 Vanderhoef, to adopt RES. 04-247, RESCINDING RESOLUTION NO. 04-192 AND 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Airport Commission to fill an unexpired term ending March 1,2007. Applications must be received by 5:00 p.m., Wednesday, September 29, 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; Civil Service Commission to fill an unexpired term Complete Description August31,2004 Page 5 ending April 4, 2005; Housing and Community Development Commission to fill an unexpired term ending September 1, 2006; 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. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Elliott shared information from his friend Ken Donnelly on articles from the Press Citizen in 1954, 50 years ago, regarding a meeting with bartenders to consider a 21 and over law and a meeting with utility people to consider an extension of the franchise agreement; and noted a journalism class in the audience. Council Member Vanderhoef acknowledged the neighborhood-to-neighborhood program jointly coordinated by the University and the neighborhoods and stated she was anxious to hear reports on how it turned out; acknowledged staff efforts in bringing the budget back into compliance after state reductions. Mayor Pro tem Wilburn reported on the United Way kickoff the their fund raising campaign and wished everyone good luck on their efforts. Council Member Bailey reminded everyone that Friday, September 3 was the deadline for voter registration for the School Board election on September 14. Mayor Lehman announced the 215t Annual Human Rights Awards Breakfast was scheduled for September 23, and the nomination deadline is September 7; Music on Broadway will be held on September 26, behind Pepperwood Mall, sponsored by the Human Rights Commission, Human Rights Education Committee, Neighborhood Centers of Johnson County, South Gate Development/Pepperwood Mall, and The Rack; and thanked Clarence Haverkamp for his donation of appropriate attire for the "Throwback Game Day" proclamation; in response to Mayor Lehman's suggestion to schedule a special meeting for discussion of alcohol issues the Council agreed to meet 6:30-8:30 p.m. on Tuesday, September 28 with presentations from staff first, then hear public comments the first hour and the final hour would be reserved for Council discussion; agreed to schedule discussion of budget priorities will be schedule for the work session of September 13; noted the beginning of University football season; and reminded citizens to remember the meaning behind the upcoming Labor Day holiday. City Manager Atkins clarified discussion the previous evening regarding installation of speed humps on 4th Avenue and "A" Street, and to pursue with residents sidewalk installation as something they might be interested in but sidewalks was not tied to the installation of the speed humps. Council concurred. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 7:28 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council bers present. J1~~ ~ 4J Ma' K. Karr, City Clerk ,! ¡ em.. C I T Y 0 F lOW A C I T Y 3a 1 . --= -~ ~~w!:a.r: MEMORANDUM ,-~..gq.~ _... 1 Date: April 19, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session/Joint Meeting with Planning & Zoning Commission, July 21, 2004, 7:00 PM in Meeting Room A, Iowa City Public Library Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Wilburn Planning & Zoning: Anciaux, Brooks, Freeks, Hansen, Koppes Staff: Atkins, Helling, Dilkes, Karr, Franklin, Miklo, McCafferty, Howard Tapes: 04-45, Side 2; 04-48, Sides 1 & 2. (A complete transcription is available in the City Clerk's Office) Presentation of Visual Preference Survey Results (7:00-800) PCD Director Franklin and Senior Planner Miklo presented information on the survey. Audience questions were addressed. STAFF ACTION: Look at the Grade A slides for development of language for the new Development Code; Code will then go to the Planning and Zoning Commission and onto the City Council. (Franklin) Discussion of Planninq and Zoninq Philosophy (with P&Z) Discussion of City Council Review Process for Development Code (8:00-9:00) PCD Director and Senior Planner Miklo present for discussion. Adjournment 9:00 P.M. I]¡J 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 - 8/2/04 Iowa City City Council special meeting 6:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded that the ordinance 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 given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending certain chapters of City Code Titles 7, 10, and 14 to increase the municipal infraction civil penalties for violating the Electrical Code, Plumbing Code, Fire Code, and Fuel Gas Code and snow removal requirements in City Plaza, be given first vote. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 6:36 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. stErnest W. Lehman, Mayor s/~n .K. Karr'lty ~ æka~ . ~ Subml ed for publication - 8/11/04. VW. ~~ ,~ ! CITY OF IOWA CITyJ];[ --= -~ ~~w~'t MEMORANDUM ~~..ga ~ .......~ Date: August 2, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 2, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Knoche, Matthews, O'Neil Tapes: 04-48, Side 2; 04-50, Both Sides (A complete transcription is available in the City Clerk's Office) ADDITIONS TO CONSENT CALENDAR Council agreed to add the following requests: · Class C Liquor License for Sports Column · Class C Liquor License for Union Bar · Cigarette Permit for Union Bar · Dancing Permit for Union Bar PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following matters: A. 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) Planning & Zoning Commission Member Bob Brooks presented the Commission's position on the request. Council Members requested the following information at the public hearing the nest evening: parking requirement if rezoned to higher density residential; and number of commercial vacancies on the bottom floor within two blocks of this area. B. REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MUL TlFAMIL Y RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET (Clark). (REZ04-00012) Council Work Session August2,2004 Page 2 C. REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH DENSITY SINGLE FAMILY RESIDENTtAL, 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). (REZ04-00006) D. VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (Southgate) (VAC04-00002). E. REZONING AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MUL TI-FAMIL Y RESIDENTIAL (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET. (REZ04-00015) F. REZONING APPROXIMATELY 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE- FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLAYI LOW DENSITY SINGLE- FAMILY RESIDENTIAL (SAO/RS-5) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD (Regency Homes). (REZ04-00013) G. 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. 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. (PASS AND ADOPT) I. APPROVING THE PRELIMINARY AND FINAL PLAT OF "EAST SIDE GROUND WATER STORAGE RESERVOIR" (SUB04-00016) Council Member Elliott stated he would be abstaining due to a conflict of interest. J. MOTION 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. (Cl04-00001) AIRPORT REFERENDUM (Aqenda # 14) The Mayor stated he had been contacted by the Airport Commission Chair who was unable to attend this meeting but would be in attendance at the formal meeting. Majority agreed to discuss the matter at the formal meeting. (More discussion in item # 5 below) Council Work Session August2,2004 Page 3 AGENDA ITEMS 1. (Consent Calendar # 3f(19) - Correspondence from Allan Axeen regarding HOME Grant) At the request of the City Manager, a majority agreed to discuss the options available to waive .payments at their next meeting. Staff will follow up. The City Manager stated the Council Member Wilburn would be abstaining. 2. (Consent Calendar # 3d(4) - setting hearing... on a resolution. ..application to the Iowa Department of Cultural Affairs designating the Iowa City Cultural District) Council Member Bailey stated, as a member of the Convention and Visitors Bureau Council representative, there were no zoning implications and the action reflects a nice community and university collaboration. 3. (Agenda # 12 - Resolution re-establishing Deer Task Force) In response to Council Member Elliott, City Manager Atkins any plan must be approved by the DNR, he had been contacted by Cedar Rapids two years ago but not recently and would be happy to share the information with Cedar Rapids. The Mayor clarified that re-establishing the Deer Task Force did not necessarily commit the City to shooting more deer. 4. (Consent Calendar # 3f(8) - Correspondence from Terrance Neuzil... cell towers) The Mayor noted the letter from Johnson County Board of Supervisors relative to cell towers. Vanderhoef indicated her hope that other supervisors talk about the matter. 5. (Item # 14 - Resolution ... Airport Referendum) In response to Council Member Elliott, City Atty. Dilkes stated the state law outlines the wording of the ballot and the Commission as it now stands would be abolished as a mater of law, and the Council will have to reappoint a commission and describe it as they see fit. 6. (Item # 11 - Ordinance... to allow the City to donate abandoned bicycles to nonprofit organizations) Council Member Vanderhoef noted a typo in the ordinance, third from the last line "public option" should be "public auction". Staff will follow up. 7. (Item # 17 - Resolution... Iowa Department of Transportation funding agreement for the North Dodge Street Project ...) City Engr. Knoche answered questions regarding the project. Majority requested Ron educate the public at the formal meeting as well. COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment (2) -readvertise, no applications Historic Preservation Commission (1) - Jan Weissmiller Human Rights Commission (2) - Jen Wittwer; Elizabeth Cummings Police Citizens Review Board (1) - Elizabeth Engel Council Work Session August2,2004 Page 4 MIDAMERICAN REQUEST TO NEGOTIATE FRANCHISE (IP2 of 7/29 Info Packet) City Atty. Dilkes presented information. Majority agreed to schedule further discussion at their August 30 work session. STAFF ACTION: Schedule for August 30 work session. (Karr) COUNCIL TIME 1. Council Member O'Donnell reported some larger holes developing on Dubuque Street heading south, right at the intersection. Staff will follow up. 2. In response to Council Member O'Donnell, the City Manager stated that the City had implemented an internal program, with individuals doing community service, to remove posters and staples from poles. 3. Council Member Champion requested discussion of downtown alley clean up. The City Manager stated it was on the list of items for future Council discussion. 4. Council Member Vanderhoef requested an update of parking impact fees on the near south side, and further Council discussion. Majority of Council agreed. 5. Council Member Elliott asked for Council agreement to keep with the first and third Tuesday for formal meetings. 6. Mayor Lehman noted the earlier request from Council Member Elliott for a budget priorities discussion prior to the budget preparation, and stated that would have to be scheduled soon. The City Manager stated he was preparing information for the next work session. IDENTIFICATION OF PRIORITIES FOR DISCUSSION (date added to list) No new added. · 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 & Zoning on philosophies for zoning and City Codes (6/14/04) Meeting adjourned 8:30 PM. '< q ;"j __' c I 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 - 8/3/04 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 Irving B. Weber Day - August 13, 2004. Darold Albright, Iowa City Noon Lions Club, accepted. Moved and seconded 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. Official Actions 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., 110 E. College St.; Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Tent A, 2120 Rochester Ave.; Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Tent B, 2120 Rochester Ave.; Temporary Outdoor Service Area for Iowa City Fall Fun Festival, 2120 Rochester Ave; Class C Liquor License for Sports Column, 12 S. Dubuque Street; Class C Liquor License for Union Bar, 121 . College Street; RES. 04- 203, TO ISSUE CIGARETTE PERMIT for Union Bar 121 E. College Street; RES. 04- 204, TO ISSUE DANCING PERMIT for Union Bar, 121 E. College Street. Renewal: Class C Liquor License for Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for Etc., 118 S. Dubuque St.; Class C Liquor License for One Twenty Six, 126 E. Washington St; Class C Liquor License for Green Room, 509 S. Gilbert St.; Class C Liquor License for Martini's, 127 E. College St.; Outdoor Service Area for Martini's, 127 E. College St.; Class C Liquor License for Third Base Sports Bar, Field House 111 E. College St.; Class E Liquor License for Osco Drug #5078, 2425 Muscatine Ave.; Class E Liquor License for Drugtown, 310 N. First Ave.; Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd.; RES. 04-205, TO ISSUE DANCE PERMITS to Mill Restaurant, 120 E. Burlington St., Etc., 118 S. Dubuque St., Green Room, 509 S. Gilbert St.; Iowa City Fall Fun Festival, 2120 Rochester Ave; 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 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 LaDonna Wicklund. Official Actions August 3, 2004 Page 3 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 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 Official Actions August 3, 2004 Page 4 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. 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 and seconded to accept correspondence from Mr. Grismore. The Mayor declared the motion carried. 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. The following individuals appeared: Atty. Joe Holland, representing the applicant Jim Clark & family; and applicant Jim Clark. Moved and seconded to accept correspondence from Chuck Skaugstad, Jr.; Atty. Joe Holland; and applicant Jim Clark. The Mayor declared the motion carried. Moved and seconded 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. 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. Moved and seconded 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, be given first vote. The Mayor declared the motion carried. 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. The following individuals appeared: Atty. Joe Holland, Southgate Development; Mark Goodheart, Irving Ave. Moved and seconded 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, be given first vote. 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 and seconded that the ordinance vacating the northern cul-de-sac right-of-way of Jensen Street, be given first vote. The Mayor declared the motion carried. Official Actions August 3, 2004 Page 5 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 and seconded 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. 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 and seconded that the 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 (Regency Homes), given first vote. 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 and seconded to accept correspondence from John Hayek. The Mayor declared the motion carried. Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. Moved and seconded 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. Council Member Elliott stated he would be abstaining due to a conflict of interest. Moved and seconded to adopt RES. 04-221, APPROVING THE EXTRATERRITIORIAL PRELIMINARY AND FINAL PLAT OF THE EAST SIDE GROUND WATER STORAGE RESERVOIR, JOHNSON COUNTY, IOWA. Moved and seconded 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. 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 and seconded 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, Official Actions August3,2004 Page 6 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. 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 and seconded to adopt RES. 04-223, ASSESSING A $300.00 CIVIL PENALTY AGAINST WHATEVA WE CAN DELIVA. Moved and seconded to amend the payment to sixty days. The Mayor declared the motion to amend carried. 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. Moved and seconded 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. 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- 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 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. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-225, RE-ESTABLlSHING A DEER TASK FORCE. Moved and seconded to adopt RES. 04-226, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2004 UPDATING OF RATES FOR BASIC CABLE SERVICES. Official Actions August3,2004 Page 7 Moved and seconded 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. 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. The Mayor declared the resolution defeated. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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]. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from Lisa-Ann Johnson. The Mayor declared the motion carried. 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. 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. Moved and seconded to adjourn meeting at 9:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A more complete description of Council Activities is on file in the office of the City Clerk. stErnest W. Lehman, Mayor Official Actions August3,2004 Page 8, ;(. <~ ~~~. ~ s/Marian . Karr, City Clerk Submitted for publication - 8/11/04 µW.;fd-- ~ v {Ç'"" \ ..... \" , 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 - 8/17/04 Iowa City City Council special meeting 5:30 p.m. at City Hall. Mayor Lehman presiding. Council members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Champion. Moved and seconded to adopt RES. 04-230, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR OAKMONT ESTATES, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. The Mayor noted the current vacancy: Airport Commission to fill an unexpired term ending March 1,2007. Applications must be received by 5:00 p.m., Wednesday, September 29, 2004. Moved and seconded to accept correspondence from John Krstenansky. The Mayor declared the motion carried. [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 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. 04-4136, REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MUL TIFAMIL Y RESIDENTIAL (RM- 44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET (REZ04- 00012), 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. 04-4137, 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 (REZ04-00006), 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. 04-4138, VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (V AC04-00002), 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. 04-4139, REZONING AMENDING THE ZONING ORDINANCE BY AMENDING Official Actions August 17, 2004 Page 2 THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MUL TI- FAMILY RESIDENTIAL (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET (REZ04- 00015), 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. 04-4140, REZONING APPROXIMATELY 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLA Y/ LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SAO/RS-5) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD (REZ04-00013), 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. 04-4141, 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), 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. 04-4142, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8 ENTITLED, "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBILITY FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS, 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 adjourn meeting at 5:40 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/M~ K.. Karr, kty ~k M4.~-. - .W Submit ed for publication - 8/25/04. c!l-/W. ;1'd- · - ~ 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 2, 2004 Iowa City City Council special meeting 6:30 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, Matthews, O'Neil. Council minutes tape recorded on Tape 04-49, Side 1. Moved by Vanderhoef, seconded by Bailey, that the ordinance 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 given first vote. In response to Champion, the City Clerk and City Attorney stated the item is scheduled for final reading at the formal meeting August 3 to allow passage prior to the start of the school year. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by O'Donnell, that the ordinance amending certain chapters of City Code Titles 7, 10, and 14 to increase the municipal infraction civil penalties for violating the Electrical Code, Plumbing Code, Fire Code, and Fuel Gas Code and snow removal requirements in City Plaza, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 6:36 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 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 August3,2004 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 August3,2004 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 LaDonna 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 August3,2004 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 HOiland; 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, 710, 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, 710, 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, 71O, 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 Overlayl 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 (ID-RS) Zone to Sensitive Areas Overlayl 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, 710, 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, 710, 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 A 1, 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 August 3, 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 Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk I ~~(~) 1\ 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 17, 2004 Iowa City City Council special meeting 5:30 p.m. at City Hall. Mayor Lehman presiding. Council members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Champion. Staff present: Atkins, Helling, Holecek, Karr. Council minutes tape recorded on Tape 04-52, Side 1. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-230, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR OAKMONT ESTATES, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. The Mayor noted the current vacancy: Airport Commission to fill an unexpired term ending March 1,2007. Applications must be received by 5:00 p.m., Wednesday, September 29, 2004. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from John Krstenansky. The Mayor declared the motion carried unanimously, 6/0, Champion absent. [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 by O'Donnell, 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. 04-4136, REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MUL TIFAMIL Y RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET (Clark) (REZ04-00012), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 4/2, with the following division of roll call vote. Ayes: Elliott, Lehman, O'Donnell, Vanderhoef. Nays: Wilburn, Bailey. Absent: Champion. 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 second consideration and vote be waived, and that ORD. 04-4137, 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) (REZ04-00006), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance 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 Complete Description August 17, 2004 Page 2 vote be waived, and that ORD. 04-4138, VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (Southgate) (VAC04-00002), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, all Champion absent. 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, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Wilburn, 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 second consideration and vote be waived, and that ORD. 04-4139, REZONING AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MUL TI-FAMIL Y RESIDENTIAL (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET (REZ04-00015), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Wilburn, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4140, 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) (REZ04-00013), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. 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, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Elliott, 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. 04-4141, 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 (Abraham) (REZ04-00016), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Elliott, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Bailey, 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. 04-4142, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8 ENTITLED, "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBILITY FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS, be voted on for final Complete Description August 17, 2004 Page 3 passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Bailey, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to adjourn meeting at 5:40 p.m. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk