Loading...
HomeMy WebLinkAbout2003-01-21 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 21,2003 Iowa 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, Holecek, Karr, Franklin, Ream, Scott, Trueblood. Council minutes tape recorded on Tape 03-10, Both Sides. The Mayor and Council Member Pfab presented Outstanding Student Citizen Awards to Longfellow Elementary: Nathan Giglierano, lan Stewart, Lauren Pfab. Council Member Vanderhoef read the Mayor's proclamation for Women's Right to Choose Day - January 22, Karen Kubby, Executive Director of Emma Goldman Clinic, accepting. 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 and to delete from the consent calendar and defer to February 4, 2003, item 4f(2) a resolution accepting the work for the Captain Irish Parkway Extension (Phase II) and First Avenue Extension project: Approval of Official Council Actions for special meeting of January 6 and regular meeting of January 7, 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 - December 12. Historic Preservation Commission - December 14. Iowa City Board of Adjustment - December 11. Iowa City Human Rights Commission - November 26. Iowa City Public Art Advisory Committee - November 7. Recommendation: Adopt the Community Initiated Public Art Application Procedure and Form Parks and Recreation - December 11. Police Citizens Review Board: November 12 Recommendation: Accept PCRB Reports on Complaint #02-03 and #02-04 Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Beer Permit for Nordstrom Oil Co., dba North Dodge HandiMart, 2545 N. Dodge St. Motions: approve disbursements in the amount of $13,598,684.60 for the period of November 1 through November 30, 2002, and disbursements in the amount of $17,274,838.52 for the period of December 1 through December 31,2002, as recommended by the Finance Director subject to audit. Setting Hearings: RES. 03-22, SETTING A PUBLIC HEARING for February 4 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD LANDSCAPE - FIRST AVENUE TO ROCHESTER AVENUE 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. 03-23, INTENT TO CONVEY THE WEST ONE-HALF OF ATWENTY FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO PHYLLIS TUCKER, AND SETTING A PUBLIC Complete Description January 21,2003 Page 2 HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003. RES. 03-24, INTENT TO CONVEY THE EAST ONE-HALF OF ATWENTY FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO SUE M. TRAVlS AND ANDREW D. ROBERTSON, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003. Resolutions: RES. 03-25, ACCEPTING THE WORK FOR THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT. RES. 03-26, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE RELEASE OF CONDITIONAL ZONING AGREEMENTS REGARDING WINDSOR RIDGE SUBDIVISION PARTS 16-20. RES. 03-27, ADJUSTMENT OF CURRENT CITY BUDGET to new state program areas. RES. 03-28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FREEDOM SECURITY BANK, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA. RES. 03-29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 817 - 825 PEPPERWOOD LANE, IOWA CITY, IOWA. RES. 03-30, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1406 SPRUCE STREET, IOWA CITY, IOWA. Correspondence: Ventura Dominguez regarding Defamation Action. Doris Houser regarding Nuisance Property Rules [staff response included]. Steve Hating regarding Anti War. Candace Peters regarding HUD Funding for Persons Who are Homeless. Heidi Soethout (Youth Leadership Program) regarding PATV Support. Evelyn Kral regarding Taxes. Ben Barnett regarding Proposed Housing Code Amendments re Eviction of Tenants Who Commit Crimes. John Gross regarding Skateboarders/Bicyclists. Patrick Macbren regarding Revolt. Jeff Keyser regarding Revolt. Dog Park - Anne Burnside (DogPACK -Dog Park Action Committee); Jill Jack; Irene Friend; Nyla Logsden-Sackett; Jean Walker; Cherie Marvel; Ryan O'Leary; Howard and Jo Hensch; Klm and Kevin Glenn; River Branch; Matthew Bognar; Michelle Acuff; Sue Pearson; Lisa Schleisman; Jim Peters; Barbara Doherty; Reta Noblett- Feld; Len Sandier, Lucy David, Hannah Sandier, Frances, Rocco, and Tucker; Kathy Janz; Wendelin Guentner; Susan Erode; Jill DeYoung; Jan Weissrniller; Katie Jumper; Maureen Delaney; Jennifer and Allan Berger; Jennifer Rundell; Caitlin McKernan; Kara Logsden; Jennifer Baum; Karen Alatalo; Mark AIIgood; Jim Harris; Rene Paine; Barbara Schwartz; Mary Adams; Verna Ehret; Marcella David; Richard Borchard; Darlene Kaskie; Kathleen Kamerick; Diana Cates; Denise Krutzfeldt; Andrea French; David Baldus; Liza Drahozal Pooley and Murphy; Debra Sorosky; Patrick Naick; Melvin Sunshine; Stephanie Barreiro; Jim Jacobson; Beth and Lilly Shields; Sarah Siemsen; Tina Miller Woodsmall; Lindsey Eaves-Johnson; Anne Burnside; Deb Tiemens; Nicole Scott; Sharon Koele; Barb Shubinski; Steve Branin and Jayne McQuillen; Lee Brintle; Kathy Heilenman; Mike Larson; Kent and Kay Ackerson; Allison McNeese; Sara Bright Braverman. Petition with 10 signatures regarding USA Complete Description Januaw21,2003 Page 3 Patriot Act. JCCOG Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS on the West Side of the 600 Block of Normandy Drive; Installation of a STOP Sign on the Elk's Club Driveway at the Intersection with Foster Road. Patti Santangelo regarding January 11 Soup Supper [distributed in January 9 Information Packet]. Bill Armstrong regarding Patriot Act. Council Member Kanner noted a number of letters received from dog (park) advocates). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commission Member Charity Rowley updated Council on activities at the Center. Rev. Chris Arch, Pastor of the Good News Bible Church, read a statement prepared by Michael Mallie opposing the Roe versus Wade court decision and signed by Rev. Arch; Rev. Gary Miller, Pastor of the Grace Fellowship Church; Rev. Royce Phillips; Rev. John White, Pastor of the New Life Community Church; Rev. Dr. John Wiers, Pastor of the Hope Evangelical Church; Rev. Marv Feigenspan, Pastor of the Living Word Christian Fellowship; Rev. Brad Sherman, Pastor of the Solid Rock Christian Church; Rev. Gene Lutzer, Pastor of the Journey Church; Rev. Craig Holmes, Pastor of River Community Church; and Rev. Brooks Simpson, Pastor of Grace Community Church. Moved by Pfab, seconded by O'Donnell to accept correspondence from Rev. Arch. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Patty Santangelo, Johnson County Homeless Coalition Board, read a statement advocating the economic development strategy for affordable housing in Iowa City. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Ms. Santangelo. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Jerry Hansen, 1239 Burns Avenue, thanked Council for their support of Highway 6 green projects. Moved by O'Donnell, seconded by Champion, to set a public hearing for February 4 on an ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, that the ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way (University), 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 Pfab, that the ordinance changing the zoning designation from Low Density Single Family Residential (RS-5) to Sensitive Areas Overlay (RS-5/OSA) for (Lewis/Gordon) Hearthside Refuge, a 4-lot, 5.6 acre subdivision located at 1520 N. Dubuque Road, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by ©'Donnell, seconded by Vanderhoef, that the ordinance vacating Lafayette Street located (City Carton) west of Capitol Street, be given second 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, that the 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 (Mercy Hospital), be given second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Pfab, Kanner. Absent: None. Complete Description Januaw21,2003 Page 4 Moved by O'Donnell, seconded by Champion, that ORD. 03-4057, AMENDING TITLE 14, CHAPTER 6, ARTICLE K, THE SENSITIVE AREAS ORDINANCE, REGARDING REQUIREMENTS FOR SENSITIVE AREAS OVERLAY REZONINGS AND SENSITIVE AREAS SITE PLANS, be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Nays: Kanner. Pfab. Absent: None. Moved by O'Donnell, seconded by Champion, to accept correspondence from Zach Carstensen. The Mayor declared the motion carried unanimously, 7/0, all Council members present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Iowa River Dam Renovation 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. Mayor Pro tem Vanderhoef clarified that additional funding for the for the project would come from GO bonds. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-31, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION 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. In response to Council Member Kanner, the City Manager stated a memo clarifying the funding would be added to the project file in the City Clerk's office. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on 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. No one appeared. Moved by Pfab, seconded by Champion, to adopt RES. 03-32, APPROVING 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. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on conveyance of a single family home located at 145 South Westminster Street to a public housing program tenant. No one appeared. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 03-33, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT. 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 second vote. Council Member O'Donnell stated he had voted against the earlier ordinance but would be supporting this for purposes of clarification. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description January 21,2003 Page 5 Moved by O'Donnell, seconded by Pfab, to adopt RES. 03-34, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 426 BAYARD STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. The following individuals appeared: H. D. Hoover, 435 Bayard; and Linda Dellsperger, 227 Magowan Ave. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Michael J. New, Jackie Blank, Linda Greene, and H.D. and Myrene Hoover. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 03-35, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted no applications had been received for the Airport Commission for one appointment to fill a six-year term March 1,2003 - March 1, 2009; Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003; Airport Zoning Commission for two appointments to fill unexpired terms ending December 31,2003 and December 31,2005; Historic Preservation Commission to fill one three 3 -year term, March 29, 2003 - March 29, 2006, for Woodlawn District Rep, and announced all would be readvertised. Moved by Wilburn, seconded by Vanderhoef, to appoint Stephen Buckman, 215 Amhurst Street, to the Board of Appeals to fill an unexpired term ending December 31,2006;. appoint Paul Sueppel, 2103 Rochester Avenue, to the Historic Preservation Commission to fill one At Large 3-year term ending March 29, 2003;. reappoint Mark McCallum, 811 E College Street, to the Historic Preservation Commission to fill one appointment as East College Street Rep for a three-year terms March 29, 2003 - March 29, 2006; reappoint James Enloe, 1106 E. College Street to the Historic Preservation Commission to fill one appointment as College Green Rep for a three-year terms March 29, 2003 - March 29, 2006; appoint Alice Mathis, 1741 Gryn Drive, to the Human Rights Commission to fill an unexpired term ending January 1,2005; appoint Kimberly Thrower, 63 Kennedy Parkway, and Saul Mekies, 2151 Abbey Lane, to the Telecommunications Commission to fill two three- year terms March 13, 2003 - March 13, 2006. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Michael Maharry and Tim Weitzel regarding the Historic Preservation Commission and John B. Hudson and William Horner regarding the Telecommunications Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council revised their meeting schedule to one meeting in March, a combined work session and formal on the 11 . Next meetings would be April 7 and 8, and April 21 and 2. Regular schedule resumes May 5 and 6. City Clerk will distribute revised schedule in the next information packet. Council Member O'Donnell reminded Council of the joint meeting scheduled at 4:00 PM, January 22, at the County Administration Building. Council Member Kanner stated he had requested regional fire issues be an item for discussion at that meeting, and would be distributing copies of Fire Chief Rocca's memo. Council Member Kanner reported on his attendance at the peace rally, antiwar protest, in Washington, D.C. the previous week-end; noted correspondence received Complete Description Januaw 21,2003 Page 6 regarding opposing the Patriot Act; and noted the observance of Martin Luther King Day. In response to Mayor Lehman, the City Manager stated the employee recognition event was scheduled for late February. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 8:00 p.m. The Mayor declared the motion carried unanimously,-7/0.,~Council Members prese.,~ Ernest W. Lehman, Mayor Maria"'CFK. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the ! 0~-2~-03 I City Clerk's Office 356-5040. I 4a I The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 1/6/03 Iowa City City Council special meeting, 6:30 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 that the ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSA/OPDH) for property located Northwest of Highway 1 and Ruppert Road, be given second vote. The Mayor declared the motion carried. Moved and seconded to adjourn 6:32 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk / Subm~ted for publication - 1/14/03 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 - 1/7/03 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. 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 and seconded 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 Joe's Place, 115 Iowa Ave. Class B Beer Permit for Godfather's Pizza, 531 Highway 1 West. Class C Liquor License for Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. Class C Liquor License for New Yen Ching Restaurant, 1803 Boyrum. Class C Liquor License for Summit, 10 S. Clinton St. Class C Liquor License for Aoeshe Restaurant, 624 S. Gilbert St. Class C Liquor License for Airliner, 22 S. Clinton St. Class E Liquor Permit Cub Foods, 855 Hwy 1 W. Class B Wine Permit for Cub Foods, 855 Hwy 1 W. Class C Beer Permit for Cub Foods, 855 Hwy 1 W. RES. 03-1, TO ISSUE DANCING PERMIT for 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 CONVEYA SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR 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 Official Actions January 7, 2003 Page 2 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 ATTESTA PERMANENT EASEMENT FOR SEPARATION DISTANCE 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 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 Official Actions January 7, 2003 Page 3 Gary Lundquist regarding Parking Garage Time Stamping. Jerald Searle (Snyder & Associates) regarding Iowa City Municipal AirportJDane 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from Atty. Thomas H. Gelman. The Mayor declared the motion carried. Moved and seconded 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 and seconded to accept correspondence from David Swenson as presented by Council Member Kanner. The Mayor declared the motion carried. 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 and seconded to accept correspondence from Wanda and Phillip Daniel. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way. Moved and seconded 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, a 4-lot, 5.6 acre subdivision located at 1520 N. Dubuque Road, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating Lafayette Street, located west of Capitol Street, be given first vote. The Mayor declared the motion carried. Official Actions January 7, 2003 Page 4 Moved and seconded 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, be given first vote. 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 Overlay Rezonings and Sensitive Areas Site Plans, be given second vote. The Mayor declared the motion carried. Moved and seconded 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 PROPERTY LOCATED NORTHWEST OF HIGHWAY 1 AND RUPPERT ROAD, be passed and adopted. Moved and seconded to adopt RES. 03-19, APPROVING THE PRELIMINARY PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. Moved and seconded to send 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. 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. 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 and seconded to appoint Mayor Lehman to the JCCOG Urbanized Area Policy Board for one appointment as Council representative. The Mayor declared the motion carried. 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 Official Actions January 7,2003 Page 5 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 an unexpired term ending January 1,2005. Telecommunications Commission [or 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 8:40 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Cl~:k ~ Submit'ted for publication - 1/15/03. 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 JANUARY 6, 2003 Iowa City City Council special meeting, 6:30 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, Dilkes, Karr, Franklin, O'Neil. Council minutes tape recorded on Tape 03-01, Side 1. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSA/OPDH) for property located Northwest of Highway 1 and Ruppert Road, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Pfab, to adjourn 6:32 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 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 Cafe, 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 1 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 CONVEYA 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 DISTANCE 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 SIGNAGE 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 Uptow'n 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, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Complete Description 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 by 5:00 p.m., Wednesday, January 15, 2003. Member Pfab alerted Council of the change in tax law outlined by Pres the effect that municipal bonds would be less Council ~ber Kanner stated he felt the tax proposal 'y, benefiting the top )er cent and encouraged citizens to ainst it; thanks Airport Commission ' Mark Anderson and the Commis for opening up the meeting room at the ai~ public; requested an the selection for the municipal electric stud City Mgr. Helling would be held January 10; congratulated on his a as the new president at the University of Iowa; and re( d Council ta position against the Patriot Act, Council Member Champion stated more time to research the matter and would bring it up at the formal discussion. Mayor Lehman expressed deep~ ' to the family of Nathan Bedford on their loss; and received ask the Police Citizens Review Board to review traffic stop Moved by O'Donnell, by to adjourn 8:40 p.m. The Mayor declared the motion carried y, 7/0, Jncil Members present. Ernest Mayor Marian K. Kar Clerk