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2003-01-07 Agenda
Sul: ;ct to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda~ ~_~ Regular Formal c,T~ oFIow^ c,T~ I 3anuary 7, 2003 - 7:00 p.m. Civic Center - Harvat Hall 4:L0 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. RICHARD W. "DICK" LEE AWARD - Officer Greg Humrichhouse ITEM 3. OUTSTANDING STUDENT CITIZEN AWARD - Lincoln Elementary · Tyler Dawson · Sally Gessner · Alan Bedell ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Council Actions for the special meetings of December 9 and 10, as published, subject to corrections, as recommended by the City Clerk. b. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). (1) Historic Preservation Commission: November 14 (2) Iowa City Board of Adjustment: November 13 (3) Iowa City Human Rights Commission: October 15 (4) Iowa City Public Library Board of Trustees: November 21 (5) Parks and Recreation Commission: November 13 (6) Planning and Zoning Commission: November 21 (7) Planning and Zoning Commission: December 5 (8) Police Citizens Review Board: November 12 Recommendation to Council: Accept PCRB Reports on Complaint #02-03 and #02-04. (9) Senior Center Commission: November 12 c. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals. (1) Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. (2) Class B Beer Permit for KT Restaurants, Inc., dba Godfather's Pizza, 531 Highway 1 West. January 7, 2003 City of Iowa Cit}/ Parle 2 (3) Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. (4) Class C Liquor License for New Yen Ching Restaurant, Inc., dba New Yen Ching Restaurant, 1503 Boyrum. (5) Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. (6) Class C Liquor License for Inn Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbed St. (7) Class C Liquor License for Lodog, Inc., dba Airliner, 22 S. Clinton St. (8) Class E Liquor Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 W. (9) Class B Wine Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 W. (10) Class C Beer Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 W. o.5- I (11) Resolution to issue Dance Permit for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. d. Setting Hearings. 0'~- ~" (1) CONSIDER A RESOLUTION OF INTENT TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND QWEST FOR USE OF IOWA CITY PUBLIC LIBRARY SPACE IN THE FIRST FLOOR ALCOVE FOR A TELECOMMUNICATIONS TELEPHONE PEDESTAL IN ACCORDANCE HEREWITH, AND SETrING A PUBLIC HEARING FOR JANUARY 21. Comment: Qwest has requested the City lease it space in the Iowa City Public Library first floor alcove for a telecommunications telephone pedestal. The City has negotiated a lease with Qwest for a term of (5) years, with automatic renewal periods of (5) years unless either party gives written notice to the other of its intention to terminate the lease. The proposed lease agreement is attached hereto and this resolution sets a public hearing on this matter for January 21, 2003. 0~,- ~ (2) CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SE'I-rING A PUBLIC HEARING FOR JANUARY 21. Comment: The Iowa City Housing Authority, under its Tenant-to- Ownership Program, proposes to sell 145 South Westminster Street to a public housing program tenant. The amount of the sale will be the appraised value of the home, which is $110,000. The family has participated in the public housing program for two years. The tenant has participated in the Housing Authority's Family Self-Sufficiency Program, has been a student, and maintained full-time employment while raising her family. The family has received a written commitment for a mortgage from a local bank in the amount of $88,000. The City will provide a second mortgage for the remaining $22,000. This sale will provide the opportunity for a Iow-income family to obtain ownership of their own home. January 7, 2003 City of Iowa City Parle 3 09- ~- (3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 21 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project includes renovation of the Iowa River Dam to ensure the permanence of the water pool formed by the dam; to provide a pedestrian bridge atop the dam; pedestrian approach walks at the east and west end of the dam; and improvements to Coralville's boat ramp to the Iowa River. This dam is located a short distance upstream from the mouth of Clear Creek. This work is being completed in conjunction with the City's Water Facility Improvements. ©~- J-7 (4) CONSIDER A RESOLUTION OF INTENT TO CONVEY THE PLATTED ALLEY IN BLOCK 27, ORIGINAL TOWN, IOWA CITY, IOWA, TO MERCY HOSPITAL AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 4. Comment: The City Council is considering pass and adoption of an ordinance vacating the platted alley in Block 27, Original town, Iowa City, Iowa. The adjacent property owner, Mercy Hospital, has made an offer to acquire the property for $1.00, subject to easements for existing utilities and the conditions that: 1) No direct vehicular access will be sought by or granted to Mercy Hospital to Market Street; 2) The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; provided, however, the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, and 3) Any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. This resolution declares the City's intent to convey the above property for $1,00 subject to easements for existing utilities and the above referenced conditions. This resolution also sets a public hearing on the proposed conveyance for February 4, 2003. Correspondence included in Council packet. January/ 7, 2003 Cit~/ of Iowa Cit~/ Parle 4 0 ~- ~' (5) CONSIDER A RESOLUTION OF INTENT TO CONVEY APPROXIMATELY 5,900 SQUARE FEET OF LAFAYE'I-I'E STREET RIGHT-OF-WAY TO EAGLE VIEW PROPERTIES, L.L.C., AND SE'I-rING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 4. Comment: The City Council is considering pass and adoption of an ordinance vacating approximately 5,900 square feet of LaFayette Street right-of-way. The adjacent property owner, Eagle View Properties, L.L.C., has made an offer to acquire the property for $9,500, subject to easements for existing utilities and the condition that they incorporate their properties west of Capitol Street and north of CRANDIC Railroad into one lot by auditor's parcel plat. This resolution declares the City's intent to convey the above property for $9,500 subject to easements for existing utilities and the above referenced condition. Their offer of $9,500 is based on an appraisal estimating a value range of $8,000 to $11,000. This resolution also sets a public hearing on the proposed conveyance for February 4, 2003. 0~- (0 (6) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 18 ON THE SCO'I-r PARK TRUNK SANITARY SEWER PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Scott Park Trunk Sanitary Sewer Project. State law requires the City to give notice to agricultural property owners whose properties may be affected. This notice will notify all potentially affected property owners of their opportunity to present their views on the project and proposed acquisition of property rights at the public hearing. This notice protects the City's right to condemn if necessary. This project includes construction of a sanitary trunk sewer from Scott Park along Ralston Creek to Lower West Branch Road. e. Resolutions. o~- I~ (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'i-I'EST AN AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE 17 COMMERCIAL LOTS IN THE AIRPORT'S AVIATION COMMERCE PARK. Comment: This agreement provides for services with Iowa Realty Commercial to sell or lease lots in the subdivision known as the Aviation Commerce Park. The agreement is for one year and provides criteria for leasing and/or selling the parcels. This is a joint agreement with the Airport Commission and was approved by the Airport Commission at their meeting on January 6, 2003. January 7, 2003 City of Iowa City Page 5 O~ ~ (2) CONSIDER A RESOUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2438 NEVADA AVENUE, IOWA CITY, IOWA. Comment: Hills Bank and Trust Company, iowa City, Iowa has requested that the City approve a Subordination Agreement for 2438 Nevada Avenue to refinance a first Mortgage. On August 13, 1999, the owner of the property received a loan from the City of Iowa City's Housing Rehabilitation Program for the amount of $3,000. The property is appraised for $90,840 which provides enough equity to cover the City's second lien position, which is the City's original position. ©9- ~ (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1628 WILSON STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1628 Wilson Street received assistance through the City's Housing Rehabilitation Program totaling $4,694. The financing was in the form of a declining balance loan and a Iow interest payback loan. The balance of the loans has been paid off; thus the lien can now be released. O ~ ~ ~ (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AI-I'EST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1612 EAST COURT STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1612 East Court Street received assistance through the City's Housing Rehabilitation Program totaling $3,600. The financing was in the form of a no-interest loan. The balance of the loan has been paid off; thus the lien can now be released. ~ - I O (2) CONSIDER A RESOUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND STEPHEN P. FRANZENBURG AND MARIE S. FRANZENBURG, CLIVE, IOWA FOR PROPERTY LOCATED AT 1228 LOUISE STREET, IOWA CITY, IOWA. Comment: Stephen P. Franzenburg and Marie S. Franzenburg, Clive, Iowa has requested that the City approve a Subordination Agreement for 1228 Louise Street to refinance a first mortgage. On November 3, 2000, the owner of the property received a loan from the City of Iowa City's Housing Rehabilitation Program for the amount of $5,362. The property is appraised for $110,000 which provides enough equity to cover the City's second lien position, which is the City's original position. January/ 7, 2003 Cit~/ of Iowa Cit}/ Parle 6 ~)'~ - / 1 (6) CONSIDER A RESOUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 431 North Van Buren Street to refinance a first mortgage. On May 9, 2002, the owner of the property received a loan from the City of Iowa City's Housing Rehabilitation Program for the amount of $26,661. The property is appraised for $133,000 which provides enough equity to cover the City's second lien position, which is the City's original position. ~) ~ - I~r (7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DRAINAGE EASEMENT AGREEMENTS FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA. Comment: Pursuant to the grading plan for 330 Ridgeland Avenue, Iowa City, Iowa, a 15' wide drainage easement is necessary to provide drainage of the proposed development. The Public Works Department has approved of the proposed drainage easement agreements. This Resolution authorizes the execution of the drainage easement agreements necessary for the City to acquire easement rights for the drainage area. o'5- ~% (8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT EASEMENT FOR SEPARATION DISTANCE PURPOSES FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA. Comment: Pursuant to the building permit application for 330 Ridgeland Avenue, Iowa City, Iowa, a 92' long and 5' wide easement is necessary to provide for proper separation from the development on the adjacent lot, 316-318 Ridgeland Avenue. This Resolution authorizes execution of the proposed easement agreement, which has been approved by the Housing and Inspection Services Department. 0~- t-z-~- (9) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT RE-ROOFING PROJECT. Comment: This project has been completed in substantial accordance with plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. January 7, 2003 City of Iowa City Parle 7 (10) CONSIDER A RESOLUTION AUTHORIZING APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE U.S. DOT FOR A GRANT UNDER 49 U.S.C. 5307, TO BE USED FOR FY2003 TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. JCCOG is preparing the annual Federal Transit Administration [FTA] Section 5307 application on behalf of Iowa City Transit. Funding in the amount of $402,180 is being requested for FY2003 transit operations. This is an increase of 11.6% from the FY2002 FTA operating apportionment. O~- //¢, (11) CONSIDER A RESOLUTION APPROVING THE EXTERIOR SIGNAGE FOR "GAMERS" IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Comment: The staff Design Review Committee approved the signage design December 18. f. Correspondence. (1) Candace Peters: Lack of HUD Funding (2) Steve Driskell: Social Security Eligibility [staff response included] (3) Kim Tobias: Lowe's and Home Depot [staff response included] (4) Eide Bailly: Audited Financial Statements (5) Postcard from 1 individual: Affordable Housing (6) Renee Gould: Secondhand Smoke (7) Rockne and Susan Foreman: Scott Boulevard Extension [staff response included] (8) Vicki Yoder: Rochester/Scott Intersection (9) Gary Lundquist: Parking Garage Time Stamping (10) Jerald Searle (Snyder & Associates): Iowa City Municipal Airport/Dane Road (11) Roger Robert: The University of Iowa (12) David Tingwald (Northside Neighborhood Association): Eagle Country Market (13) Mike Henry: Mediacom (14) Tom and Doris Woodruff: Corps of Engineers EA Study/Lease - Coralville Lake Public Land (15)Petition signed by J~ndividuals: Patriot Act (16)Eugene Dykstra: Patriot Act (17)Brianne Boylan: Patriot Act (18)Martin Pomije: Patriot Act (19)Perry Lenz: Patriot Act (20)Sean Shatto: Patriot Act (21)Patricia Gomez: Patriot Act (22)Franklin Seiberling: Patriot Act (23)Perry Howell: Patriot Act (24)Elliott Campbell: Patriot Act (25)Lori Nelson: Patriot Act City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: January 6, 2003 RE: Additions 1/7 agenda Consent Calendar ITEM NO. 4f (15) Petition signed by 90 (Total revised) individuals: Patriot Act (33) Karl J. Rhomberg: Tenants Charged with Crimes January 7, 2003 City of Iowa City Parle 8 (26) Miriam Timmer: Patriot Act (27) Liz McDade-Montez: Patriot Act (28) Mary Kathryn Cowles: Patriot Act (29) Kirk Hackert: Patriot Act (30) Judith Pascoe: Patriot Act (31) JCCOG Traffic Engineering Planner: Removal of RIGHT LANE MUST TURN RIGHT Sign on Scoff Boulevard at the Intersection with Dubuque Road (32) Al Hellene, Jr.: Student Presentations on Uptown Bill's Small Mall N. ew Ideas (distributed in December 12 Information Packet) END OF CONSENT CALENDAR. ITEM 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Public Discussion will be continued, if necessary, prior to "City Council Information" item. ITEM 6. PLANNING AND ZONING MATFERS. a. Public hearing on an ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way. (VAC02- 00008) Comment: At its December 19 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of this right-of-way vacation. Staff recommended approval in a staff report dated December 19. This vacation will allow the University to acquire the streets adjacent to the old water plant property pursuant to the City's existing purchase agreement with the University for the old water plant site. Action: '~ Z:) ~ Z2z. C~-~,cC-z~¢¢¢/¢ // -~-' b. Consider an ordinance changing the zoning designation from Low Density Single Family Residential (RS-5) to Sensitive Areas Overlay (RS-5/OSA) for 5.6 acres of property located at 1520 N. Dubuque Road. (REZ02-00019) (First Consideration) (~d/~~ Comment: At its November 7 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the razoning. This rozoning will allow the construction of three single-family dwellings on property containin9 critical slopes. Staff recommended approval in a memorandum dated October 17. / / ' ~--'~ ~z/z.~F~ 7/,-') /- City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: January 6, 2003 RE: Additions 1/7 agenda Consent Calendar ITEM NO. 4f (15) Petition signed by 90 (Total revised)individuals: Patriot Act (33) Kad J. Rhomberg: Tenants Charged with Crimes Januar}/7, 2003 City of Iowa City Page 9 c. Consider an ordinance vacating Lafayette Street, located west of Capitol Street. (VAC02-00006)(First Consideration) L~ Comment: At its November 7 meeting by a vote of 7-0, the Planning and Zoning Commission recommended approval of the vacation of this right-of- way. Staff recommended approval in a staff repo~ dated November 7. Approval will allow the adjacent prope~y owner, City Ca~on, to purchase this prope~y from the City. Action: ~ ~ / ~~,~2 d. Consider an ordinance vacating the east-to west alley in Block 27 of the Original Town Plat, located baleen Market and Bloomington Street west of Dodge Street. (VAC02-00007) (First Consideration), Comment: At its November 7 meeting by a vote of 7-0, the Planning/~~ Zoning Commission recommended approval of the vacation of this right-of: way. Staff recommended approval in a staff repoA dated November 7. Approval will allow Mercy Hospital to purchase this propeAy from the City. Action: ~-~//~ ' ~ ./ e. Consider an ordinance amending Title 14, Chapter 6, A~icle K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive ~eas Site Plans. (Second Consideration) Comment: At its October 17 meeting, by a vote of 5-0 (Shannon, Hansen absent), the Planning and Zoning Commission recommended approval of the proposed amendments to the Sensitive Areas Ordinance. The amendments will generally require approval of the Sensitive Areas Site Plan by staff unless an appli~nt seeks modification of a Sensitive Areas Buffer or seeks modification of other zoning requirements. Staff recommended approval in a memorandum dated September 5, 2002. Action: ~~;/~~2~ ~ 0~-~o5~ f. Consider an ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OS~OPDH) for prope~ located No~hwest of Highway 1 and Ruppe~ Road. (REZ02-00018) (Pass and Comment: At its November 21 meeting~by a vote of 7-0, the Planning and Zoning Commission recommended approval of this rezoning to allow for the development of a 198-unit apadment complex and clubhouse, with an allowable maximum height of 58'-6". Staff recommended approval in a memorandum dated November 15. Applicant previously requested expedited consideration. Action: ~ '~/<~ January 7, 2003 City of Iowa city Parle 10 0'~ - ~ g. Consider a Resolution approving the preliminary plat of Ruppert Hills, Iowa City, Iowa. (SUB02-00021) Comment: At its November 21 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval off Ruppert Hills, a 4-lot, 22.9- acre subdivision located on the north side of Highway 1 West and on the west side of Miller Avenue. Staff recommends approval in a memorandum dated November 15, 2002 Action: /,,-¢,¢ -¢/////////'~.~¢ ~'-¢-¢'//~z~¢¢', , h. Consider a letter to the Johnson County Board of Supervisors recommending approval of a rezoning for an approximate 11.35-acre tract located in Fringe Area C at 3125 Rohret Road SW (CZ02-00007) Comment: At it's July 18 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approva~ of a rezoning from Al, Rural and RS, Suburban Residential, to RS5, Suburban Residential, for this property subject to access and road issues being addressed prior to Council consideration. These issues have now been addressed by the applicant. A letter from the applicant to the Council is enclosed with the staff memorandum. Staff recommends approval in a memorandum dated December 23, 2002. Action: (~. ITEM 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, 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. Comment: This project entails replacing and upgrading the filtration system at City Park Pool. The project was originally budgeted in FY04, but a number of problems were encountered last summer which necessitated closure or partial closure of the pool several times. In order to prevent this from occurring again during the 2003 summer swimming season, the project has been moved forward and is expected to be completed by May 2003. Estimated construction cost is $200,000, and is funded through G.O. Bonds. a. PUBLIC HEARING O<5- ~O b. CONSIDER A RESOLUTION APPROVING January 7, 2003 Cit~/ of Iowa Cit}/ Parle 11 ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS," TO AMEND THE PROHIBITION ON SERVING TWO (2) SERVINGS OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT ANY ONE TIME TO ANY ONE PERSON TO SERVING TWO (2) "CONTAINERS" OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT ANY ONE TIME TO ANY ONE PERSON AND TO DELETE THE EXCEPTION FOR "PRIVATE EVENTS." t.¢~-~ Comment: Pursuant to staff recommendation and City Council direction, the proposed ordinance changes the prohibition on serving more that two (2) "servings" to any one person to a prohibition on serving more than two (2) "containers" to any one person. In addition, the City Attorney recommends that the exception to the limitations on sales provision for "private events" be eliminated. Staff memorandum included in Council packet. Action: ~,~/k.,~¥~.r//~. ~/~'~/~-~,~,..2 /-~ (~r'" , ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 426 BAYARD STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Comment: The property at 426 Bayard Street, a single-family home, has been a nuisance for over five years. The City has sent the owner numerous notices and issued citations, and the owner has never complied. Staff found that it was a "dangerous building" and the Board of Appeals upheld the decision. The City issued a notice of violation that it is a vacant and abandoned building, and the owner has not registered the building as a vacantJabandoned building. Despite the City's extensive effods, weeds continue to grow, animals continue to inhabit the house, junk continues to accumulate, and the structure continues to deteriorate. Staff believes that the house can be saved if it is not allowed to continue to deteriorate. Staff, in order to abate the public nuisance, would like to acquire title to the property for the public purpose of disposing of it by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. Action: (~'/~//) (~_~,~ ~-~ ~, ~ z;:'~_~,,~/ ITEM 10, CONSIDER A RESOLUTION OF SUPPORT FOR THE IOWA CITY o2,- g. I COMMUNITY SCHOOL DISTRICT BOND REFERENDUM TO BE HELD ON FEBRUARY 11,2003. Comment: At the request of the Iowa City Community School District, the City Council will consider a resolution in support of the Iowa City Community School District Bond Referendum in the amount of $39 million to fund construction of a variety of school facilities. The referendum vote will take place February 11, 2003. Action: d~/~/.~~ //Z:~, , January 7, 2003 City of Iowa City Parle 12 ITEM 11. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). / ITEM 12. COUNCIL APPOINTMENTS. · ..2~/a. JCCOG Urbanized Area Policy Board: One appointment to serve as '¢1~ ~:~'/~ ' Council representative. At a special meeting on December 9, 2002, the City · ~ ~,~' "'~ ~ ~ Council confirmed the removal of Council Member Steven Kanner from the U~:/'' ~ '~ ,,~ Boa~, thus creating an Iowa City vacancy on the Board. a. Previously-Announced· (1) Airport Commission: One vacancy to fill a six-year term March 1, 2003 - March 1, 2009. (Term expires for Mark Anderson) (3 males and 1 female currently serve). (2) Airport Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 31, 2003 (3 males and 0 females currently serve.) (3) Airport Zoning Commission: Two vacancies to fill unexpired terms. One ending December 31, 2003 and the other ending December 31, 2005. (2 males and 1 female currently serve.) (4) Board of Appeals: One vacancy to fill an unexpired term ending December 31, 2006. (Thomas Werderitsch resigned) (5 males and 1 female currently serve). (5) Historic Preservation Commission: Four vacancies; one At-Large, one College Green Rep, one East College Street Rep, and one Woodlawn District Rep to fill three-year terms March 29, 2003 - March 29, 2006. (Term expires for Michaelanne Widness, Mark McCallum, James Enloe, Peter Jochimsen) (5 males and I female currently serve). (6) Human Rights Commission: One vacancy to fill an unexpired term ending January 1, 2005. (Lucia Page resigned) (5 males and 3 females currently serve). (7) Telecommunications Commission: Two vacancies to fill three-year terms March 13, 2003 - March 13, 2006. (Term expires for Cathy Weingeist and Betty McKray) (3 males and 0 females currently serve). Applications must be received by 5:00 p,m,, Wednesday, January 15, 2003, ITEM 14. CITY COUNCIL INFORMATION. / ,,January 7, 2003 City of Iowa City Parle 13 ITEM 15. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM 16. ADJOURNMENT. City Council Agenda support documents on-line at www.icgov.org/coun¢ilagendas.asp City Council ]nformation Packets on-line at www.icgov.org/councilpacke~s.asp City Council Meeting Schedule and Uanual¥ 2. 2003 C~T~ O~ IOW^ C~T~Work Session ~-, ,~.~en..as www.icgov.org · MONDAY, JANUARY 6 Emma J. Harvat Hall 6:30p Special Formal Council Meeting Regular Council Work Session · Review Zoning Items [Franklin] · Review Agenda Items [Atkins] · Council Appointments: JCCOG Urbanized Area Policy Board (1) · Airport Obstruction Removal Project [O'Neil, Stanley Consultants] · Neighborhood Housing Task Force Draft Ordinance- Regulation of Nuisance Properties [Boothroy] · Health Insurance for City Council Members [Atkins] · Council Time · TUESDAY, JANUARY 7 Emma J. Harvat Hall 7:00p Regular Council Formal Meeting TENTATIVE FUTURE MEETINGS AND AGENDAS · MONDAY, JANUARY 13 Emma J. Harvat Hall 6:30p Special Council Work Session · Budget · WEDNESDAY, JANUARY '15 Emma J. HarvatHall 8:00a - 12:00p Special Council Work Session · Budget · MONDAY, JANUARY20 Martin Luther King, Jr. Day Holiday - City Offices Closed · TUESDAY, JANUARY 21 Emma J. Harvat Hall TBA Special Council Work Session 7:00p Regular Council Formal Meeting · WEDNESDAY, JANUARY 22 CountyAdrninistration Building 4:00p Special Council Work Session Meeting dates/~imes/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation