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HomeMy WebLinkAbout2003-01-07 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 7, 2003 Iowa City City Council regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Neil, Franklin. Council minutes tape recorded on Tape 03-01, Side 2, Tape 03-04, Side 1. The Mayor presented the Richard W. "Dick" Lee Award to Officer Greg Humrichhouse. Retired Capt. Richard W. Lee present. The Mayor presented Outstanding Student Citizen Awards to Lincoln Elementary students: Tyler Dawson, Sally Gessner, Alan Bedell. 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 as separate items 4d(4) setting public hearing for conveyance Block 27, and 4e(1 ) an agreement with Iowa Realty Commercial for the Airport's Aviation Commerce Park, and to remove the Police Citizens Review Board minutes of November 12 due to the absence of the attached reports: 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. Receive and file minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Historic Preservation Commission - November 14. Iowa City Board of Adjustment - November 13. Iowa City Human Rights Commission - October 15. Iowa City Public Library Board of Trustees - November 21. Parks and Recreation Commission - November 13. Planning and Zoning Commission - November 21. Planning and Zoning Commission - December 5. Senior Center Commission - November 12. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave. Class B Beer Permit for KT Restaurants, Inc., dba Godfather's Pizza, 531 Highway 1 West. Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafb, 1411 S. Waterfront. Class C Liquor License for New Yen Ching Restaurant, Inc., dba New Yen Ching Restaurant, 1803 Boyrum. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Class C Liquor License for Inn Ho Shinn dba Aoeshe Restaurant, 624 S. Gilbert St. Class C Liquor License for Lodog, Inc., dba Airliner, 22 S. Clinton St. Class E Liquor Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy I W. Class B Wine Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 W. Class C Beer Permit for Supervalu, Inc., dba Cub Foods, 855 Hwy 1 W. RES. 03-1, TO ISSUE DANCING PERMIT for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Setting Hearing: RES. 03-2, 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 SETTING A PUBLIC HEARING FOR JANUARY 21,2003. RES. 03-3, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR Complete Description January 7, 2003 Page 2 JANUARY 21,2003. RES. 03-4, 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. RES. 03-5, INTENT TO CONVEY APPROXIMATELY 5,900 SQUARE FEET OF LAFAYETTE STREET RIGHT-OF-WAY TO EAGLE VIEW PROPERTIES, L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003. RES. 03-6, SETTING A PUBLIC HEARING for February 18 ON THE SCOTT 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. Resolutions: RES. 03-7, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST 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. RES. 03-8, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1628 WILSON STREET, IOWA CITY, IOWA. RES. 03-9, 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 1612 EAST COURT STREET, IOWA CITY, IOWA. RES. 03-10, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST 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. RES. 03-11, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST 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. RES. 03-12, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DRAINAGE EASEMENT AGREEMENTS FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA. RES. 03-13, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT EASEMENT FOR SEPARATION BISTANCE PURPOSES FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA. RES. 03-14, ACCEPTING THE WORK FOR THE TRANSIT RE-ROOFING PROJECT. RES. 03-15, 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. RES. 03-16, APPROVING THE EXTERIOR SlGNAGE FOR "GAMERS" IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. Correspondence: Candace Peters regarding Lack of HUD Funding. Steve Driskell regarding Social Security Eligibility [staff response included].Kim Tobias regarding Lowe's and Home Depot [staff response included]. Eide Bailly regarding Audited Financial Statements. Postcard from 1 Complete Description Januaw 7,2003 Page 3 individual regarding Affordable Housing. Renee Gould regarding Secondhand Smoke. Rockne and Susan Foreman regarding Scott Boulevard Extension [staff response included]. Vicki Yoder regarding Rochester/Scott Intersection Gary Lundquist regarding Parking Garage Time Stamping. Jerald Searle (Snyder & Associates) regarding Iowa City Municipal Airport/Dane Road Roger Robert regarding The University of Iowa. David Tingwald (Northside Neighborhood Association) regarding Eagle Country Market. Mike Henry regarding Mediacom. Tom and Doris Woodruff regarding Corps of Engineers EA Study/Lease - Coralville Lake Public Land. Petition signed by 90 individuals regarding Patriot Act. Eugene Dykstra regarding Patriot Act. Brianne Boylan regarding Patriot Act. Martin Pomije regarding Patriot Act. Perry Lenz regarding Patriot Act. Sean Shatto regarding Patriot Act. Patricia Gomez regarding Patriot Act. Franklin Seiberling regarding Patriot Act. Perry Howell regarding Patriot Act. Elliott Campbell regarding Patriot Act. Lori Nelson regarding Patriot Act. Miriam Timmer regarding Patriot Act. Liz McDade-Montez regarding Patriot Act. Mary Kathryn Cowles regarding Patriot Act. Kirk Hackert regarding Patriot Act. Judith Pascoe regarding Patriot Act. JCCOG Traffic Engineering Planner regarding Removal of RIGHT LANE MUST TURN RIGHT Sign on Scott Boulevard at the Intersection with Dubuque Road. Al Hellene, Jr. regarding Student Presentations on Uptown Bill's Small Mall New Ideas (distributed in December 12 Information Packet). Karl J. Rhomberg regarding Tenants Charged with Crimes. Council Member Kanner noted the Board of Adjustment minutes of November 13, and Greg McDonald's infill development at the corner of Kirkwood and Gilbert Streets, and the good use the approved development makes of a parking lot. 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. 03-17, 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, 2003. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Kanner, seconded by Champion to accept correspondence from Atty. Thomas H. Gelman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-18, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE 17 COMMERCIAL LOTS IN THE AVIATION COMMERCE PARK. Moved by Kanner to amend the agreement (Exhibit 1, agreement number 1 under Commission) to include similar language contained in exhibit C stating "...that the agent will meet with the owner - which is the City and offer recommendations. The owner makes recommendations to the Commission .... If the Commission disagrees with the Council - in this case the City - Commission and owners shall within a reasonable period of time meet and discuss, but the Commission retains sole right to reject an offer." The Mayor declared the motion to amend dead for lack of a second. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Kanner, seconded by Champion to accept correspondence from David Swenson as presented by Council Member Kanner. Complete Description Januaw 7,2003 Page 4 The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Jay Honohan, Senior Center Commission Chair, updated Council on activities at the Center and current budget issues. Mark Anderson, Airport Commission Chair and Col. Russell Smith, Iowa Civil Air Patrol, provided information on activities at the airport. Holly Berkowitz, 612 Granada Court, appeared regarding global warming; war; and opposing the Patriotic Act. The following individuals appeared regarding a flooding problem in August at 2519 Clearwater Court: James Thomas; Jaqunda Franklin, 2519 Clearwater Court; Eddie Franklin, 2519 Clearwater Court; Tonae Franklin, 2519 Clearwater Court; and Wanda and Phillip Daniel, 2519 Clearwater Court. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from Wanda and Phillip Daniel. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating portions (University) of Madison Street, Davenport Street, and Bloomington Street rights-of-way. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation from Low Density Single Family Residential (RS-5) to Sensitive Areas Overlay (RS-5/OSA) for Hearthside Refuge, (Lewis/Gordon) a 4-lot, 5.6 acre subdivision located at 1520 N. Dubuque Road, 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 Champion, that the ordinance vacating Lafayette Street, (City Carton) located west of Capitol Street, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance vacating the east to west alley in Block 27 of the Original Town Plat, located between Market and Bloomington Street west of Dodge Street (Mercy Hospital), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Title 14, Chapter 6, Article K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive Areas Site Plans, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Pfab, that ORD. 03-4056, CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY (RM-20) TO SENSITIVE AREAS OVERLAY AND PLANNED HOUSING DEVELOPMENT OVERLAY (RM-20/OSA/OPDH) FOR A 10.15-ACRE (Calloway Lodge) PROPERTY LOCATED NORTHWEST OF HIGHWAY 1 AND RUPPERT ROAD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-19, APPROVING THE PRELIMINARY PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Wilburn, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning for an approximate Complete Description Januaw 7,2003 Page 5 11.35-acre tract located in Fringe Area C at 3125 Rohret Road SW. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on 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. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-20, APPROVING 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, that the 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," be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to defer to January 21 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to adopt RES. 03-21, SUPPORT FOR THE IOWA CITY COMMUNITY SCHOOL DISTRICT BOND REFERENDUM TO BE HELD ON FEBRUARY 11,2003. Charlie Funk, 4779 Dryden Court, representing YES for Kids Committee, and Holly Berkowitz, 612 Granada Court, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Holly Berkowitz, 612 Granada Court, appeared requesting Council consideration of designating a ravine on Lee Street as a nature preserve, and noting concern for imminent development of the area as it is posted for discussion at the Planning and Zoning Commission meeting of January 16th. Moved by Vanderhoef, seconded by O'Donnell, to appoint Mayor Lehman to the JCCOG Urbanized Area Policy Board for one appointment as Council representative. Affirmative roll call vote, 7/0, with Kanner abstaining. The Mayor declared the motion carried unanimously, 7/0, (in accordance with Res. 00-117). The Mayor noted the previously-announced vacancies: Airport Commission for one vacancy to fill a six-year term March 1,2003 - March 1, 2009. Airport Zoning Board of Adjustment for one vacancy to fill an unexpired term ending December 31, 2003. Airport Zoning Commission for two vacancies to fill unexpired terms ending December 31, 2003 and the other ending December 31,2005. Board of Appeals for one vacancy to fill an unexpired term ending December 31,2006. Historic Preservation Commission for 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. Human Rights Commission for one vacancy to fill Complete Description *Revised 1/21/03 January 7, 2003 Page 6 an unexpired term ending January 1,2005. Telecommunications Commission for two vacancies to fill three-year terms March 13, 2003 - March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, January 15, 2003. Council Member Pfab alerted Council of the change in tax law outlined by President Bush, and the effect that municipal bonds would be less attractive. * Council Member Kanner stated he felt the above (referencing Pfab comment) tax proposal was reactionary, benefiting the top one per cent and encouraged * citizens to work against it; thanked Airport Commission Chair Mark Anderson and the Commission for opening up the meeting room at the airport to the public; requested an update on the selection for the municipal electric study. Asst. City Mgr. Helling stated interviews would be held January 10; congratulated David Skorton on his appointment as the new president at the University of Iowa; and requested Council take a position against the Patriot Act, Council Member Champion stated she would like more time to research the matter and would bring it up at the formal Council time discussion. Mayor Lehman expressed deepest sympathy to the family of Nathan Bedford on their loss; and received Council concurrence to ask the Police Citizens Review Board to review traffic stop policies. Moved by O'Donnell, seconded by Wilburn, to adjourn 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0, a~.be, rs present_~ .~ Ernest W. Lehman, Mayor Ma~lan-K. Kerr, City Clerk Complete Description January 7,2003 Page 6 an unexpired term ending January 1,2005. Telecommunications Commission for two 13, 2003 - March Applications must by 5:00 p.m., Wednesday, January 15, Member Pfab alerted Council of the char tax law outlined by President nd the effect that municipal be less attractive. Kanner stated he felt the tax y, benefiting the top .~r cent and encouraged to work against it; thanks Mark Anderson and the ;] up the meeting room at the air the public; an update on the selection for the municipal electric stud~ City Mgr. HE stated interviews would be held January 10; cong korton on appointment as the new president at the University of Iowa; and re( take a position against the Patriot Act, Council Member Champion stated like more time to research the matter and would bring it up at the formal CoL time discussion. Mayor Lehman expressed ~pathy to the family of Nathan Bedford on their loss; and received Counci to ask the Police Citizens Review Board to review traffic sto Moved by O'Donnell, by Wilburn,'~ adjourn 8:40 p.m. The Mayor declared the motion carried ', 7/0, all CoL~Members present. Marian K. Karr, Clerk Ernest W. L~~t.man, Mayor / 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 - 12/9/02 Iowa City City Council special meeting, 7:35 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property, the minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Council returned to open session. A public hearing was held on removal of Council Member Steven Kanner from the JCCOG area urbanized policy board. Moved and seconded to adopt RES. 02-401, CONFIRMING RESOLUTION NO. 02-357 REMOVING COUNCIL MEMBER KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD. Moved and seconded to adjourn at 7:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, Ci~ CI~ Submitted for publication - 12/17/02 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- 12/10/02 Iowa City City Council special meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Item number 2 (Student Citizenship Awards) moved to after item number 4 (Public Discussion). Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of November 18, November 25, and regular meeting of November 19, as published, subject to corrections, as recommended by the City Clerk. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Animal Care and Adoption Center Advisory Board - August 29. Historic Preservation Commission - September 26. Historic Preservation Commission - October 24. Housing and Community Development Commission - October 17. Iowa City Board of Appeals - September 17. Iowa City Board of Appeals - November 4. Iowa City Public Library Board of Trustees - October 17. Iowa City Public Library Board of Trustees - October 24. Iowa City Telecommunications Commission - October 28. Parks and Recreation Commission - October 9. Planning and Zoning Commission - November 7. Senior Center Commission - October 15. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for Highlander Inn & Conference Center, 2525 N. Dodge St. Class C Liquor License for Studio 13, 13 S.. Linn St. RES. 02- 402, TO ISSUE CIGARETTE PERMIT for Quality Vending Services, 783 Hwy 1 West. Renewals: Class C Beer Permit for Petro-N-Provisions, 2 Escort Lane. Class C Liquor License for Gringo's, 115 E. College St. Class C Liquor License for Hanrahan's Pub, 210 N. Linn St. Special Class C Liquor License for Thai Flavors, 340 E. Burlington St. Special Class C Liquor License for India Cafb, 227 E. Washington St. Class C Liquor License for Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, 330 E. Washington St. Special Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St. RES. 02-403, TO ISSUE DANCING PERMIT to Gabe's, 330 E. Washington St. and to Highlander Inn & Conference Center, 2525 N. Dodge St. Motions: approve disbursements in the amount of $13,280,178.69 for the period of October 1 through October 31, 2002, as recommended by the finance director subject to audit. Setting Hearing: RES. 02-404, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 02-405, ACCEPTING THE WORK FOR THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT. RES. 02-406, ACCEPTING THE WORK FOR THE CONTRACT 3 - SOUTH PLANT Official Actions Page 2 December 10, 2002 IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS PROJECT. RES. 02-407, ACCEPTING THE WORK FOR THE COURT HILL SANITARY SEWER IMPROVEMENT PROJECT. RES. 02-408, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR FIRST AND ROCHESTER - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-409, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR - PART 7, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02-410, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 11~17, NORTH AIRPORT DEVELOPMENT SUBDIVISION. RES. 02-411, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BE'FVVEEN THE CITY OF IOWA CITY AND FIRST FEDERAL, LACROSSE, WISCONSIN FOR PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA. RES. 02-412, AMENDING THE IOWA CITY PUBLIC ART PROGRAM PROCEDURES TO INCLUDE PROCEDURES FOR COMMUNITY-INITIATED PUBLIC ART PROJECTS AND FOR DEDICATION OF PUBLIC ART TO INDIVIDUALS. RES. 02-413, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT TO AMENDMENT OF RESTRICTIVE COVENANTS FOR WHISPERING MEADOWS PART 2, IOWA CITY, IOWA. Correspondence: James Lewis regarding City and County Innovations Advisory. Almurtda Almuntdr regarding Human Rights in UNHCR/Jordan. Michael Larson regarding Budget. Michael Larson regarding Dog Park. Pete Wallace regarding Voting Permits. Petition signed by 11 individuals regarding USA Patriot Act. Robert Murdock regarding Police. Postcards from 36 individuals regarding Support of Affordable Housing. Thomas Storey (Iowa DOT) regarding Pavement Patching Project - US 6. David Sohwindt regarding Mediacom [staff response included]. JCCOG Traffic Engineering Planner: Installation of Two NO PARKING BETWEEN SIGNS on the West Side of the 800 Block of South Clinton Street. Installation of Two Bus Stop Signs on Mormon Trek Boulevard. Installation of a Bus Stop Sign on the East Side of North Dubuque Street. Installation of a Double Yellow Centerline on Melrose Avenue between Grand Avenue Court and the Boyd Law Building Driveway. "NO PARKING BETVVEEN SIGNS" Signs in the 500 Block of 2"d Avenue. Rod Sullivan regarding Yes for Kids. The Mayor declared the motion carried. Deborah Schoenfelder, Senior Center Commissioner, updated Council on activities at the Center, and related budget issues. Charlie Funk, 4779 Dryden Ct., representing Yes For Kids Committee, read a statement requesting Council take a supportive position on the bond referendum. Majodty of Council indicated interest to place the item on the January 7 agenda. Moved and seconded to accept correspondence. The Mayor declared the motion carried. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Abdullah Awad, Ivy Hayward, Lucie Mulligan, Cooper Tonning. Official Actions Page 3 December 10, 2002 Council returned to Public Discussion, Item fi4. Julie Spears, Board of Hawkeye Area Civil Liberties Union, and Ben Stone, Director of the Iowa Civil Liberties Union, appeared regarding the U.S. Patriot Act. Brett Castillo, 613 E. Court, appeared regarding Medicom modem services. Moved and seconded to set a public hearing for January 7 on an ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Oveday and Planned Housing Development Oveday (RM-20/OSA/OPDH) for property located Northwest of Highway 1 and Ruppert Road. Atty. Joe Holland, representing Southgate Development, appeared. Moved and seconded to accept correspondence from Atty. Thomas H. Gelman, and Atty. Joe Holland. The Mayor declared the motion carried. Moved and seconded that the ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSNOPDH) for property located Northwest of Highway 1 and Ruppert Road, be given first vote. The Mayor declared the motion carried. A public hearing on an ordinance changing the zoning designation from Low Density Single Family Residential (RS-5) to Sensitive Areas Oveday (RS-5/OSA) for 5.6 acres of property located at 1520 N. Dubuque Road. A public hearing on an ordinance vacating Lafayette Street, located west of Capitol Street. Atty. Robert Downer, representing the applicant, appeared. A public hearing on an ordinance vacating the east-to west alley in Block 27 of the Original Town Plat, located between Market and Bloomington Street west of Dodge Street. Moved and seconded to accept correspondence from Darrell J. Lamb. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Chapter 6, Article K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Oveday Rezonings and Sensitive Areas Site Plans, be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Robert F. Sayre. The Mayor declared the motion carried. Moved and seconded to adopt RES. 02-414, APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT PART TWO, IOWA CITY, IOWA. Moved and seconded to adopt RES. 02-415, APPROVING THE FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. A public hearing was held on execution of the Iowa City Housing Authority amended Section 8 Administrative Plan. Housing Adm. Moved and seconded to adopt RES. 02-416, TO ADOPT THE iOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. Moved and seconded that ORD. 02.4055, AMENDING TITLE t4, CHAPTER 8, ENTITLED "AIRPORT ZONING" BY REPEALING THE EXISTING CHAPTER IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF Official Actions Page 4 December 10, 2002 ADJUSTMENT: PROVIDING FOR ENFORCEMENT: AND IMPOSING PENALTIES, be passed and adopted. Moved and seconded to adopt RES. 02-417, APPROVING A PROPOSED 28- E AGREEMENT FOR PARATRANSlT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2003, THROUGH JUNE 30, 2008, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Moved and seconded to adopt RES. 02-418, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Moved and seconded to adopt RES. 02-419, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, A SETTLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, AN IOWA MUNICIPAL CORPORATION (CITY) AND MCC IOWA L.L.C., A DELAWARE LIMITED LIABILITY COMPANY (MEDIACOM). Moved and seconded to appoint Carol Alexander, 3647 Foxana Drive, to the Board of Adjustment for a five-year term January 1, 2003 - January 1,2008. The Mayor declared the motion carried. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31, 2003; and the Airport Zoning Commission for two appointments to fill unexpired terms, ending December 31, 2003 and December 31,2005, and announced all three would be readvertised. The Mayor noted the current vacancies: Airport Commission for one vacancy to fill a six-year term March 1, 2003 - March 1, 2009. Board of Appeals for one vacancy to fill an unexpired term ending December 31, 2006. Historic Preservation Commission for 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. Human Rights Commission for one vacancy to fill an unexpired term ending January 1,2005. Letter of resignation to staff included in Council packet. Telecommunications Commission for two vacancies to fill three-year terms March 13, 2003 - March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, January 15, 2003. Moved and seconded to adjourn 8:20 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Mar~.n K. Karr, Cit~/Cler~_. , / Subrhiffe'd for publication - 12/18/02. 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 DECEMBER 9, 2002 Iowa City City Council special meeting, 7:35 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr. Council minutes tape recorded on Tape 02-91, Side 1. Moved by O'Donnell, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property, the minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:36 p.m. Council returned to open session 7:49 p.m. A public hearing was held on removal of Council Member Steven Kanner from the JCCOG area urbanized policy board. No one appeared. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 02-401, Bk. 128, p. 401, CONFIRMING RESOLUTION NO. 02-357 REMOVING COUNCIL MEMBER KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to adjourn the special meeting 7:50 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 DECEMBER 10, 2002 Iowa City City council special meeting, 7':00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Shaffer, O'Neil, Grosvenor, Fowler, Goodwin. Council minutes tape recorded on Tape 02-91, Side 2; Tape 02-92, Side 1. item number 2 (Student Citizenship Awards) moved to after item number 4 (Public Discussion). Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of November 18, November 25, and regular meeting of November 19, as published, subject to corrections, as recommended by the City Clerk. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Animal Care and Adoption Center Advisory Board - August 29. Historic Preservation Commission - September 26. Historic Preservation Commission - October 24. Housing and Community Development Commission - October 17. Iowa City Board of Appeals - September 17. Iowa City Board of Appeals - November 4. Iowa City Public Library Board of Trustees - October 17. Iowa City Public Library Board of Trustees - October 24. Iowa City Telecommunications Commission - October 28. Parks and Recreation Commission - October 9. Planning and Zoning Commission - November 7. Senior Center Commission - October 15. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for Ackerman Investment Co., dba Highlander Inn & Conference Center, 2525 N. Dodge St. Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St. RES. 02-402, Bk. 128, p. 402, TO ISSUE CIGARETTE PERMIT for Quality Vending Services, 783 Hwy 1 West. Renewals: Class C Beer Permit for JG Robins, Inc., dba Petro-N-Provisions, 2 Escort Lane. Class C Liquor License for CMB, Inc., dba Gringo's, 115 E. College St. Class C Liquor License for Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St. Special Class C Liquor License for USlAM, Inc., dba Thai Flavors, 340 E. Burlington St. Special Class C Liquor License for India Caf~ Corp., dba India Cafe, 227 E. Washington St. Class C Liquor License for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pag[iai's Pizza, 302 E. Bloomington St. RES. 02-403, Bk. 128, p. 403, TO ISSUE DANCING PERMIT to Gabe's, Inc., dba Gabe's, 330 E. Washington St. and to Ackerman Investment Co., dba Highlander Inn & Conference Center, 2525 N. Dodge St. Motions: approve disbursements in the amount of $13,280,178.69 for the period of October 1 through October 31, 2002, as recommended by the finance director subject to audit. Setting Hearing, Bk. 128: RES. 02-404, p. 404, SETTING A PUBLIC HEARING for January 7 ON PLANS, SPECIFICATIONS, FORM OF Complete Description Page 2 December 10, 2002 CONTRACT AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 128: RES. 02-405, p. 405, ACCEPTING THE WORK FOR THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT. RES. 02- 406, p. 406, ACCEPTING THE WORK FOR THE CONTRACT 3 - SOUTH PLANT IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS PROJECT. RES. 02-407, p. 407, ACCEPTING THE WORK FOR THE COURT HILL SANITARY SEWER IMPROVEMENT PROJECT. RES. 02.408, p. 408, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR FIRST AND ROCHESTER - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02.409, p. 409, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR - PART 7, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 02.410, p. 410, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 11-17, NORTH AIRPORT DEVELOPMENT SUBDIVISION. RES. 02.411, p. 411, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST FEDERAL, LACROSSE, WISCONSIN FOR PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA. RES. 02-412, p. 412, AMENDING THE IOWA CITY PUBLIC ART PROGRAM PROCEDURES TO 'INCLUDE PROCEDURES FOR COMMUNITY-INITIATED PUBLIC ART PROJECTS AND FOR DEDICATION OF PUBLIC ART TO INDIVIDUALS. RES. 02-413, p. 413, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT TO AMENDMENT OF RESTRICTIVE COVENANTS FOR WHISPERING MEADOWS PART 2, IOWA CITY, IOWA. Correspondence: James Lewis regarding City and County Innovations Advisory. Almurtda Almuntdr regarding Human Rights in UNHCR/Jordan. Michael Larson regarding Budget. Michael Larson regarding Dog Park. Pete Wallace regarding Voting Permits. Petition signed by 11 individuals regarding USA Patriot Act. Robert Murdock regarding Police. Postcards from 36 individuals regarding Support of Affordable Housing. Thomas Storey (Iowa DOT) regarding Pavement Patching Project- US 6. David Schwindt regarding Mediacom [staff response included]. JCCOG Traffic Engineering Planner: Installation of Two NO PARKING BETWEEN SIGNS on the West Side of the 800 Block of South Clinton Street. Installation of Two Bus Stop Signs on Mormon Trek Boulevard. Installation of a Bus Stop Sign on the East Side of North Dubuque Street. Installation of a Double Yellow Centedine on Melrose Avenue between Grand Avenue Cour[ and the Boyd Law Building Driveway. "NO PARKING BETWEEN SIGNS" Signs in the 500 Block of 2nd Avenue. Rod Sullivan regarding Yes for Kids. Complete Description Page 3 December 10, 2002 Affirmative mil call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Deborah Schoenfelder, Senior Center Commissioner, updated Council on activities at the Center, and related budget issues. Chadie Funk, 4779 Dryden Ct., representing Yes For Kids Committee, read a statement requesting Council take a supportive position on the bond referendum. Majority of Council indicated interest to place the item on the January 7 agenda. Moved by Wilburn, seconded by Pfab, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: ^bdullah Awad, Ivy Hayward, Lucie Mulligan, Cooper Tonning. Council returned to Public Discussion, Item flA. Julie Spears, Board of Hawkeye Area Civil Liberties Union, and Ben Stone, Director of the Iowa Civil Liberties Union, appeared regarding the U.S. Patriot Act. Brett Castillo, 613 E. Court, appeared regarding Medicom modem services. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for January 7 on an ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning 10.15 acres (Callaway Lodge) from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSNOPDH) for property located Northwest of Highway 1 and Ruppert Road. Atty. Joe Holland, representing Southgate Development, appeared. Moved by Pfab, seconded by O'Donnell, to accept correspondence from Atty. Thomas H. Gelman, and Atty. Joe Holland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning 10.15 acres (Callaway Lodge) from Medium Density Multifamily (RM-20) to Sensitive Areas Oveday and Planned Housing Development Oveday (RM-20/OSNOPDH) for property located Northwest of Highway 1 and Ruppert Road, be given first vote. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing on 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 (Lewis/Gordon). No one appeared. A public hearing on an ordinance vacating Lafayette Street, located west of Capitol Street (City Carton). Atty. Robed Downer, representing the applicant, appeared. A public hearing on an ordinance vacating the east-to west alley in Block 27 of the Original Town Plat, located between Market and Bloomington Street (Mercy Hospital) west of Dodge Street. No one appeared. Moved by O'Donneli, seconded by Vanderhoef, to accept correspondence from Darrell J. Lamb. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 14, Chapter 6, Article K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive Areas Site Plans, be given first vote. The Mayor declared the motion carded, 5/2, with the following division of roll Complete Description Page 4 December 10, 2002 call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner, Pfab. Absent: None. PCD Director Franklin present for discussion. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Robert F. Sayre. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 02-414, Bk. 128, p. 414, APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT PART TWO, 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. 02-415, Bk. 128, p. 415, APPROVING THE FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, 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 execution of the Iowa City Housing Authority amended Section 8 Administrative Plan. Housing Adm. Grosvenor and Intern Goodwin presented information. Moved by Champion, seconded by Pfab, to adopt RES. 02-416, Bk. 128, p. 416, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 02-4055, Bk. 45, p. 63, AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING" BY REPEALING THE EXISTING CHAPTER IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT: PROVIDING FOR ENFORCEMENT: AND IMPOSING PENALTIES, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Champion, seconded by Pfab, to adopt RES. 02-417, Bk. 128, p. 417, APPROVING A PROPOSED 28-E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1,2003, THROUGH JUNE 30, 2008, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 02-418, Bk. 128, p. 418, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Complete Description Page 5 December 10, 2002 Moved by Pfab, seconded by O'Donnell, to adopt RES. 02-419, Bk. 128, p. 419, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, A SETTLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, AN IOWA MUNICIPAL CORPORATION (CITY) AND MCC IOWA L.L.C., A DELAWARE LIMITED LIABILITY COMPANY (MEDIACOM). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Pfab to appoint Carol Alexander, 3647 Foxana Drive, to the Board of Adjustment for a five-year term January 1, 2003 - January 1,2008. The Mayor declared the motion carried, 7/0, all Council Members present. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003; and the Airport Zoning Commission for two appointments to fill unexpired terms, ending December 31, 2003 and December 31, 2005, and announced all three would be readvertised. The Mayor noted the current vacancies: Airport Commission for one vacancy to fill a six-year term March 1,2003 - March 1, 2009. Board of Appeals for one vacancy to fill an unexpired term ending December 31, 2006. Historic Preservation Commission for 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. Human Rights Commission for one vacancy to fill an unexpired term ending January 1, 2005. Letter of resignation to staff included in Council packet. Telecommunications Commission for two vacancies to fill three-year terms March 13, 2003 - March 13, 2006. Applications must be received by 5:00 p.m., Wednesday, January 15, 2003. Council Member Pfab requested an update on the Daniel family that had the flooded basement in August. Staff will report back. Council Member O'Donnell complimented City crews on leaf pick-up, and the great community service provided. Council Member Vanderhoef reported on a discussion she had with the City Manager regarding videotaping his City Finance overview and suggesting running the video as an educational piece during Council budget sessions in January. Majority of Council agreed with the suggestion; updated Council on her attendance, presentation, and research panel involvement at the National League of Cities meeting the previous week in Salt Lake City. Council Member Wilburn wished everyone a safe holiday whether traveling to watch the Hawkeyes at the Orange Bowl or just celebrating. Council Member Kanner announced that a new group "Arts a ia Cart" would be holding weekly smoke-free, alcohol-free dance jams at Old Brick on Friday evenings, from 8 to midnight; announced Iowans For Peace would be getting together for a letter writing night on 12/12 at Pizza on Dubuque; noted sadness that Council had decided at their work session the previous evening not discuss the age of consent policy; encouraged the moving along with the municipal electric study; and congratulated PATV on the fine job they do in and for the community. Mayor Lehman stated how proud he was of the Hawkeye Football team, their participation in the upcoming Orange Bowl, and the individual honors being received; and acknowledged the final Council meeting of the year by wishing everybody Happy Holidays. Complete Description Page 6 December 10, 2002 Moved by O'Donnell, seconded by Vanderhoef, to adjourn 8:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk