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HomeMy WebLinkAbout2003-02-04 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 FEBRUARY 4, 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, Dilkes, Karr, Franklin, O'Neil, O'Malley. Council minutes tape recorded on Tape 03-16, Both Sides. The Mayor presented Outstanding Student Citizen Awards to Lucas Elementary students: Maddie Ford, Hana Ibrik. The Mayor proclaimed: Salute to Hospitalized Veterans Day- February 14, Gary Strank, Veterans Hospital Volunteer Program Manager accepting; Sertoma's Freedom Week - February 16-22, Larry McConahay, President Old Capitol Sertoma 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 as follows and to delete from the Consent Calendar and consider as separate item 4e(2) a resolution approving restrictions and covenants for the North Airport Development: Approval of Official Council Actions for regular meeting of January 21, as published, subject to corrections, as recommended by the City Clerk. Receive and file minutes of Boards and Commissions (recommend- ations to Council become effective only upon separate Council action): Housing and Community Development Commission - December 19. Iowa City Civil Service Commission - January 8. Iowa City Public Library Board of Trustees - December 19. Planning and Zoning Commission - December 19. Police Citizens Review Board - December 10. Police Citizens Review Board - December 20. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Iowa City Westside Cafb, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Iowa City Westside Cafb, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Class C Liquor License for Mike & Marty Enterprises, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. Class C Liquor License for WWI, LLC, dba Malone's Irish Pub, 121 Iowa Ave. RES. 03-36, TO ISSUE DANCING PERMIT for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St.; Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; and WWl, LLC, dba Malone's Irish Pub, 121 Iowa Ave. Setting Hearings: RES. 03-37, SETTING A PUBLIC HEARING for February 18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 HAItlDRAIL REPLACEMENT 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. 03-38, Complete Description February 4, 2003 Page 2 SETTING A PUBLIC HEARING for February 18 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF THE MORMON TREK BOULEVARD EXTENSION 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. 03-39, SETTING A PUBLIC HEARING FOR FEBRUARY 18, 2003 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. Setting a public hearing for March 11 on the City of Iowa City FY2004 Iowa Department of Transportation consolidated transit funding application and authorizing the publication of a notice of said hearing. RES. 03-41, SETTING A PUBLIC HEARING for April 8 ON THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN, AND DIRECTING CITY CLERK TO PUBLIC NOTICE OF SAID HEARING. RES. 03-42, SETTING A PUBLIC HEARING for February 15 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2007. Resolutions: RES. 03-43, ACCEPTING THE WORK FOR THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT. RES. 03-44, ACCEPTING THE WORK FOR THE NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I. RES. 03-45, ACCEPTING THE WORK FOR THE FY02 BRIDGE MAINTENANCE PROJECT. RES. 03-46, 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 1835 FAIR MEADOWS BOULEVARD, IOWA CITY, IOWA. RES. 03-47, 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 1904 HANNAH JO COURT, IOWA CITY, IOWA. RES. 03-48, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT 1562 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: Rod Sullivan regarding Proposed Housing Ordinance. Postcard from 1 individual regarding Support Affordable Housing. Petition with 78 signatures [all signature pages available in City Clerk's Office] regarding USA Patriot Act. Julie Spears regarding USA Patriot Act. David Goodner regarding 21 Only Bars. Geoffrey McLennan (UIHC) regarding National Lung Screening Trial. Dog Park: Jim Kelly, Laura Crossley, Greg Slessor, Jacob Koller, Liz Corsun, Jo Bowers, Sheri Swartzendruber, Duane Swartzendruber, Mike Hill, Jill Gaulding, Brooke Strahn-Koller, Judith McPartland, Nancy Hindes. Elyse Miller, Dawn Stephens. Gary Watts (Arlington Development) regarding Traffic on Arlington Drive and Barrington Road. Michael Barron (Windsor Ridge Homeowners' Association) Complete Description February 4, 2003 Page 3 regarding Traffic on Arlington Drive. Dennett Hutchcroft and Cynthia Pauley regarding Smoke Free Restaurant Ordinance [staff response included]. Rachel Wilhelm regarding Iowa City Bars [staff response included]. Joan Jehle (Habitat for Humanity) regarding Appreciation. Dennis Kowalski regarding USA Patriot Act. John Neff regarding PAULA Reports. Stephen Street (Sixth Judicial District Dept of Correctional Services) regarding Neighborhood Safety Office Support. Charlie Eastham (Greater Iowa City Housing Fellowship) regarding Interest Rate Policy for Housing Projects Using CDBG and HOME Funds. Brad Langguth and Nancy Stenvsvaag (Iowa Valley Habitat for Humanity) regarding Housing Application. Peg Kuhns (Iowa City/Coralville Jaycees) regarding Request for Fireworks Budget. JCCOG Traffic Engineering Planner regarding Removal and Replacement of a NO PARKING 8 AM - 5 PM MON - FRI Sign on the West Side of Lee Street. Council Member Kanner noted the Planning and Zoning minutes of 12/19 regarding Southgate denying access for assessment of prairie remnants. PCD Director Franklin and CA Dilkes stated there was no regulatory authority under the sensitive areas ordinance if prairie remnants were not previously identified; and Mayor Lehman stated it was private property. PCD Franklin stated Council had more discretion during the rezoning process than a plat review. Council Member Kanner noted the public hearing being set to decrease water rates; asked Council to review correspondence from Julie Spears regarding the Patriot Act; questioned a response to the request from Dr. McLennan for permission to post signs regarding study, staff will follow up; asked for staff to follow up with letters from Windsor Ridge Homeowners and developer regarding traffic, staff is already preparing information; and questioned a response to the Jaycees for funding for the 4th of July fireworks celebration, Council directed staff to schedule a work session after the budget is approved. Council Member Vanderhoef noted the setting of the public hearing on the City budget for February 18, stating copies of available at the City and Public Library. Council Pfab stated the budget is also available on the City website. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried as amended. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-49, APPROVING RESTRICTIONS AND COVENANTS FOR THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO, A RESUBDIVlSlON OF LOTS 1-4 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION, A/K/A AVIATION COMMERCE PARK AND THE NORTH COMMERCIAL AREA. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Dorothy Paul, 608 Larch Lane, appeared and requested Council consideration of a resolution against the war in Iraq. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Nick Herbold, 319 E. Court, appeared opposing changing the bar entry age to 21. Sarah Swisher, Yes for Kids, appeared in support of the February 11 School bond referendum. Matt Blizek, 628 N. Linn St #4, appeared regarding the proposing housing nuisance ordinance. Moved by Wilburn, seconded by Pfab, to set a public hearing for February 18 on an ordinance rezoning 1.6 acres (Kirkwood Community College) from Community Commercial (CC-2) to Public (P) for property located at 1828 Lower Muscatine Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description Februaw 4,2003 Page 4 Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for February 18 on an amendment to the Comprehensive Plan to include the updated Arterial Street Plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by Amending the Peninsula Neighborhood Code. PCD Director Franklin present for discussion. Moved by O'Donnell, seconded by Champion, that the ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way (University), 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 Pfab, that ORD. 03-4058, VACATING LAFAYETTE STREET (City Carton), LOCATED WEST OF CAPITOL STREET, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Pfab, to defer Item 6f, vacating the northernmost 60 feet of the dead-end alley along the west property line of 405 South Summit Street, to after Item 9. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to move Item 6g, vacating the east-to west alley in Block 27 of the Original Town plat (Mercy Hospital), located between Market and Bloomington Street west of Dodge Street to after Item 10. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that ORD. 03-4059, CHANGING THE ZONING DESIGNATION FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5, TO SENSITIVE AREAS OVERLAY, RS-5/OSA (Lewis/Gordon) FOR HEARTHSlDE REFUGE, A 4-LOT, 5.6 ACRE SUBDIVISION LOCATED AT 1520 N. DUBUQUE ROAD, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-50, APPROVING FINAL PLAT OF HEARTHSlDE REFUGE, 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 plans, specifications, form of contract, and estimate of cost for construction of the Scott Boulevard Landscape - First Avenue to Rochester Avenue project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-51, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD LANDSCAPE - FIRST AVENUE TO ROCHESTER AVENUE 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. Sr. Civil Engr. Knocke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on resolution authorizing conveyance of the west one-half of a twenty foot wide by sixty feet long vacated portion of the alley located Complete Description February 4, 2003 Page 5 between 405 South Summit Street and 338 South Governor Street to Phyllis Tucker. Phyllis Tucker, 3425 S. Jamie Lane, appeared and requested deferral. Moved by Vanderhoef, seconded by O'Donnell, to continue public hearing to March 11. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to defer to March 11, a resolution authorizing conveyance of the west one-half of a twenty 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. The Mayor declared motion carried unanimously, 7/0, all Council Members present. A public hearing was held on resolution authorizing conveyance of the east one-half of a twenty 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. Travis and Andrew D. Robertson. Moved by Champion, seconded by O'Donnell, to continue public hearing to March 11 and to defer to March 11, resolution authorizing conveyance of the east one-half of a twenty 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. Travis and Andrew D. Robertson. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Moved by Kanner, seconded by O'Donnell, to defer to March 11 the ordinance vacating the northernmost 60 feet of the dead-end alley along the west property line of 405 South Summit Street. The Mayor declared motion carried unanimously, 7/0, all Council Members present. A public hearing was held on resolution authorizing conveyance of the platted alley in Block 27, Original Town, Iowa City, Iowa, to Mercy Hospital. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Thomas H. Gelman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-52, AUTHORIZING CONVEYANCE OF THE PLATTED ALLEY iN BLOCK 27, ORIGINAL TOWN, IOWA CITY, IOWA, TO MERCY HOSPITAL. Moved by Vanderhoef, seconded by O'Donnell, to amend the purchase dollar amount from $1 to $15,000. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, to call the question. The Mayor declared the motion calling the question carried, 5/2, with the following show of hands: Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. The Mayor declared the motion to amend carried, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by O'Donnell, seconded by Champion, that ORD. 03-4060, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on resolution authorizing conveyance of approximately 5,900 square feet of Lafayette Street right-of-way to Eagle View Properties, L.L.C. No one appeared. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-53, AUTHORIZING CONVEYANCE OF APPROXIMATELY 5900 SQUARE FEET OF LAFAYETTE STREET RIGHT-OF-WAY TO EAGLE VIEW PROPERTIES, L.L.C. Complete Description February 4, 2003 Page 6 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 1, "Administration," Chapter 5, "Mayor and City Council," Section 3, "Compensation" to allow City Council members to participate in the City's group health insurance plan at their own expense, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by Pfab, that ORD. 03-4061, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-54, AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING THE POSITION OF SENIOR PAYROLL CLERK AND ADDING THE POSITION OF ACCOUNTANT. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Pfab, to adopt RES. 03-55, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM to B.G. Brecke, Inc. for $173,250. 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 approve a tentative agreement between the Iowa City Association of Professional Firefighters, IAFF, AFL-CIO, Local 610, and the City of Iowa City. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. 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 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 ending December 31,2003 and December 31,2005. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Applications due 5:00 p.m., Wednesday, February 12. Council Member Pfab stated the Lt. Governor would be at the Evert Connor Center on February 5. The Mayor added there would be an announcement regarding housing opportunities for disabled. Council Member Champion reminded people to vote on the School bond referendum. Council Member O'Donnell congratulated Council Member Champion on her election as chair of the Johnson County Council of Governments (JCCOG). Complete Description February 4,2003 Page 7 Council Member Vanderhoef questioned her continued Council representation at the State and National meetings and on committees, and offered additional information if needed. The Mayor stated the subject will be discussed at an upcoming work session. Council Member Vanderhoef also noted the visit by Lt. Governor Peterson at the Evert Conner Center. Council Member Kanner noted the observance of Gasoline Free Day; the resolution distributed by Council Member Pfab regarding the resolution passed by the Chicago City Council protesting against the possible war in Iraq and urged consideration locally; noted a number of statistics from the City's Financial Report; complimented the services offered at the City Recreation Building; stated he would be attending the State Legislative Day sponsored by the Iowa League of Cities along with Mayor Lehman and Council Member Vanderhoef; referenced the memo regarding State and Federal Grants for FY2002 and questioned the decrease in the Edward Byrne grant between 2001 and 2002 and why there was no listing for CDBG monies, staff will follow up. Council Member Pfab questioned if there was interest by Council to oppose the war in Iraq. There was not interest to 'proceed with the request. Mayor Lehman reminded everyone of the joint meeting with the Airport scheduled for Monday, February 10, and urged Members to provide any items for discussion to the City Clerk's office on Wednesday. The City Manager will prepare an agenda and distribute in Thursday's information packet. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 8:20 p.m. The Mayor declared the motion carried unanimously, ~¥~~e~~ Ernest W. Lehman, Mayor r(4arYan K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact th~ 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 - 1/21/03 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. 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 and seconded 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 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 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 A TWENTY 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 Official Actions 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. 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, CORALVlLLE, 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 Haring 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; Kim 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 Emde; Jill DeYoung; Jan Weissmiller; Katie Jumper; Maureen Delaney; Jennifer and Allan Berger; Jennifer Rundell; Caitlin McKeman; 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 Official Actions January 21,2003 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. 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 and seconded to accept correspondence from Rev. Arch. The Mayor declared the motion carried. Patty Santangelo, Johnson County Homeless Coalition Board, read a statement advocating the economic development strategy for affordable housing in Iowa City. Moved and seconded to accept correspondence from Ms. Santangelo. The Mayor declared the motion carried. Jerry Hansen, 1239 Burns Avenue, thanked Council for their support of Highway 6 green projects. Moved and seconded 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. Moved and seconded that the ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way, be given first vote. The Mayor declared the motion carried. 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 (Lewis/Gordon) Hearthside Refuge, a 44ot, 5.6 acre subdivision located at 1520 N. Dubuque Road, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance vacating Lafayette Street located west of Capitol Street, be given second vote. The Mayor declared the motion carried. Moved and seconded 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, be given second vote. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from Zach Carstensen. The Mayor declared the motion carried. 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. Moved and seconded to adopt RES. 03-31, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE Official Actions January 21,2003 Page 4 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. 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. Moved and seconded 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 FORA TELECOMMUNICATIONS TELEPHONE PEDESTAL IN ACCORDANCE HEREWITH. A public hearing was held on conveyance of a single family home located at 145 South Westminster Street to a public housing program tenant. Moved and seconded to adopt RES. 03-33, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT. 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from Michael J. New, Jackie Blank, Linda Greene, and H.D. and Myrene Hoover. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-35, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. 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 Becember 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 and seconded 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 Official Actions January 21,2003 Page 5 Telecommunications Commission to fill two three-year terms March 13, 2003 - March 13, 2006. The Mayor declared the motion carried, Moved and seconded to accept correspondence from Michael Maharry and Tim Weitzel regarding the Historic Preservation Commission and John B. Hudson and William Homer regarding the Telecommunications Commission. The Mayor declared the motion carried. Moved and seconded to adjourn 8:00 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk uDm~ed for publication - 1/28/03. 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 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 t/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 A TWENTY 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 Januaw21,2003 Page2 HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003. RES. 03-24, INTENT TO CONVEY THE EAST ONE-HALF OF A TWENTY 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. TRAVIS 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 Haring 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 Emde; Jill DeYoung; Jan Weissmiller; 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 Januaw 21,2003 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 P. fab, 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 O'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 Janua~ 21,2003 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 tern 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 Wilbum, 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 11th. 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 January 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, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk