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HomeMy WebLinkAbout2003-02-18 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 18, 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, Matthews, Franklin, Karr, Kopping, O'Malley, Scott, Gannon. Council minutes tape recorded on Tape 03-19, Both Sides; Tape 03-20, Both Sides; Tape 03-21, Side 1. The Mayor proclaimed: Breath of Fresh Air Month - March 2003, Dr. Beth Ballinger, Spokesperson for CAFE (Clean Air For Everyone) and Stephanie Castillo Tobacco Project Coordinator accepting; National Nutrition Month, Sheila Wright, Vice President HADDA and Jo Ann Miller, Treasurer, accepting; Special Olympics Month, Joyce Rossi, Board of Directors, accepting. Also in attendance were athletes Kristin Watkins, Tina Davis. Nathalia Fahl, Randy Noel, Sarah Parker, Eliana Friedman, Mallory Earnest, Mary Ruth Arsendorf, Janet Leonard, and Coach John Meskimen. Merit Electric sponsor representatives present were Jane Bragg and Katie Lammers. The Mayor presented the State of the City Message. Moved by O'Donnell, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for regular meeting of February 4, as published, subject to corrections, as recommended by the City Clerk. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Animal Care and Adoption Center Advisory Board - December 4. Iowa City Telecommunications Commission - November 25 Recommendations: Accept the settlement agreement with Mediacom. as written. Renew the contract with PATV as revised. Planning and Zoning Commission - January 16. Public Art Advisory Committee - December 12. Motions: approve disbursements in the amount of $16,358,911.02 for the period of January 1 through January 31,2003, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for EKSY, Ltd. dba Seoul Garden, 415 S. Gilbert Street. Renewals: Class E Liquor License for Hy-Vee, Inc., dba Hy- Vee Food & Drugstore #1 & Regal Liquor, 172OWaterfront Dr. Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market Street. Class C Liquor License for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St. Class C Liquor License for El Ranchero, Inc., dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Class C Liquor License for Jay, Inc., dba Press Box, 1920 Keokuk St. (Letter from Johnson Complete Description Page 2 February 18, 2003 County Attorney in Council packet.) Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Res. 03-56, TO ISSUE DANCE PERMITS to One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St and Jay, inc., dba Press Box, 1920 Keokuk St. Resolutions: RES. 03-57, AUTHORIZING THE MAYOR TO SIGN AN APPLICATION FOR DE-ANNEXATION OF CERTAIN PROPERTY OWNED BY THE ALLIANT TRANSPORTATION COMPANY A.K.A. CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY FROM THE CITY OF HILLS. RES. 03-58, 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 1109 FIFTH AVENUE, IOWA CITY, IOWA. Correspondence: Candace Peters (JC Local Homeless Coordinating Board) regarding Interest Rate Policy for CDBG/HOME Funded Homeownership Projects. 21 Entrance to Bars: Josh McGrath, Judy Polumbaum, Brad Phillips, Karen Christiansen, Steve Winkler, Al and Betty Thomas, Margie Ebert, Jennifer Sorem, Michael Crane, Marc Light, Jim Clayton. Rod Sullivan regarding Johnson County Democratic Party Resolution. Marc Moen (The Moen Group) regarding Offer to Purchase Vacant Lot between the old Campus Amoco Station and the Mill. Bob Kelly (Eagle Food Centers, Inc) regarding Eagle Food Market. Richard Knoedel and Marva Abel regarding Dog Park. Saul Mekies regarding appointment to Telecommunications Commission. Tom Thrams regarding Water [staff response included]. Anti War/Peace Resolution: Chivy Sok, Maureen Connolly (Iowa City for Peace Resolution Campaign) including petition signed by 123 individuals (all available for review in the City Clerk's Office), Peg Bouska, Bob Welsh, Julia Daugherty, Felicia Lavallee, Douglas Spitz Sr. and Nellie Spitz, Carolyn Zaiser, Burns Weston, Rock Williams, Tom Slockett, Dennis Kowalski, Tom Carsner, Maureen McCue, John Rachow, Mark and Carol Ramsey, Hanna B. Weston, Garry & Betsy Klein, Michael, Marchman, Ann Stromquist, David Banash, Sarah Wheelock, John Harper, Stephen Vlastos, Todd Crites, Carol Adderley, Mary Depew, Jill Levin, Jean Walker, Benn Dunnington, Jean, Hagen, Kim Marra, Kelly C. McLaughlin, Cevile and Rudolf Kuenzli, Jane Dohrmann, Megan Knight, Anjali Khosla, Wally Plahutnik, Joannes R. Pool, John F. Wilson, Rod Sullivan, Lolly Eggers, Richard Greenwood, Holly Hart, Caroline Dieterle, Steve Dillion, Natasa Durovicova, Leah Williams, Liz Va Deusen. Nuisance Rental Property Ordinance: Don Goedken, Bruce Justman, Jeff Dell, Tod Cahill, Dale Yoder, Donald Lacina, David Persinger, Gary Hughes, Todd Kratz, G.H. Haptson, Duane Bolton, Michael Camp, Bill and Donna Launspach, Greg Ohler, William Gerhard, Steve Droll, Janelle and Rocco Wagner, LeRoy Duwa, Jeffry and Beverly Rodgers, Drew Dillman, J Roffman, Ruth Barnhart, George Frohwein, Jimbo Jensen, Dolores Pence, Robert Foster, John Kammermeyer, Dorothy and Jerrie Rogers, Ken Klein, Leo Zeithamel, John Pierce, Lou Sonthwick, Kimblery Lash, Beverly Spencer, Glen Brewer, Richard Perkins, Mary Lovetinsky, H. Clare Wicks, John Arthur, Tim Lehman, Jack Schneider, Barry Dalton, Ginny and Ken Rew, Patricia Dohrer, S & H Properties, Robert Bitter, Complete Description Page 3 February 18, 2003 Jeff and Susan Miller, Virginia Melroy, Jim Spratt, Harvey Miller, Kevin Houlahan, Aleda Kroeze Feuerbach, Claudia Broudt, Rod Sullivan, Alfred Carr, Tom Mar[in, William Peak, Dean Shannon, Alice Hooten, Donna Vitosh, Sherry Duffey, Court Hill Condo Association, Patti Marolf, Tim Wolfe, Jerry Bartachek, M.A. Dennis, Ahbas Rezayazdi, Richard Brooker, Paula Hinzman, Tom Bockenstedt, Duane Means, Kevin Houlahan, Dorothy Bell, Joan Smith, Carole Slaymaker, Rich Mason, Paul Launspard, Nila Haug. Letter with 16 signatures (all available for review in the City Clerk's Office), Letter with 55 signatures (all available for review in the City Clerk's Office). JCCOG Traffic Engineering Planner regarding Installation of Two Bus Stop Signs on Rohret Road and Cae Drive. Atty. Jay Honohan, representing City of Hills, responded to questions from Council Member Kanner concerning the resolution authorizing the de-annexation of certain property. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The following individuals appeared regarding anti war/peace resolution: Darrell Yeaney; Burns Weston, 2 Woodland Heights, NE; Dorothy Paul, 608 Larch Lane; Rev. Dee Lundberg, Faith United Church of Christ, 1625 DeForest Ave.; Robert Dotzel, Pastor of Lutheran Campus Ministry, 2710 E. Court St.; Shams Ghoneim, coordinator of the Muslim Public Affairs Council, 1104 Wylde Green Rd.; Maureen Connolly, Medical Director Free Medical Clinic and coordinator of the Iowa Physicians for Social Responsibility, 1313 Grissel PI.; Katy Hansen, Executive Director for the Iowa United Nations Association, 1203 Cambria Ct.; Tareq Abuissa, fifth grade student at Shimek Elementary; Carson Bodnarek, sixth grade student at Shimek Elementary. (Additional comments were received later in the meeting.) Moved by Pfab, seconded by Champion, to set a public hearing for March 11 regarding an ordinance amending Title 14, Chapter 6, Article M, Accessory Uses and Buildings to change the requirements for childcare homes. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for March 11 on an ordinance rezoning 2.8 acres from Factory Built Housing Residential (RFBH) to Planned Development Housing Overlay 12 (OPDH-12) and an OPDH plan for Saddlebrook Addition Part 2 located on the east side of Heinz Road east of Paddock Boulevard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for March 11 on an ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone(Hanick) for Block 67 of the Original Town Plat, excepting the 6,000 square foot proper[y at 130 North Dubuque Street. Council Member Kanner encouraged public review and input on historic preservation and neighborhood impact issues at the public hearing. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to set a public hearing for March 11 on an ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone (Hanick), for a 6,000 square foot property at 130 North Dubuque Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description Page 4 February 18, 2003 A public hearing was held on an ordinance rezoning 1.6 acres from Community Commercial (CC-2) to Public (P) for property located at 1828 Lower Muscatine Road. Council Member Vanderhoef stated the property was the former Hardee's and purchased by Kirkwood Community College. No one appeared. A public hearing was held on a resolution amending the Comprehensive Plan to include the updated JCCOG Arterial Street Plan. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance amending the Planned Development Housing Overlay (OPDH-5) Plan for the Peninsula Neighborhood by Amending the Peninsula Neighborhood Code, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Pfab, that ORD. 03-4062, VACATING PORTIONS OF MADISON STREET, DAVENPORT STREET, AND BLOOMINGTON STREET RIGHTS-OF-WAY (University of Iowa), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Wilburn, to defer indefinitely the resolution approving final plat of Ruppert Hills, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Vanderhoef, to defer to March 11 a resolution approving final plat of Windsor Ridge, Part 17A, Iowa City, Iowa The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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. City Manager Atkins presented information on the budget. The following individuals appeared: Kevin Boyd, Parks & Recreation Commission; Sarah Walz, Parks & Recreation Commission; Melvin Dvorsky; Bob Welsh, 84 Penfro Dr.; Holly Berkowitz; and Steven Nelson, 1033 Sandusky Dr. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Matt Pacha, David Robertson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the 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 water service charges and fees in Iowa City, Iowa, 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. A public hearing was held on the City's intent to proceed with and authorizing the acquisition of property rights for the Scott Park Trunk Sanitary Sewer project. Glenn Siders, Southgate Development Company, appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-59, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. The Mayor declared the resolution adopted, 6/1, Complete Description Page 5 February 18, 2003 with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 2003 Handrail Replacement 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 Vanderhoef, seconded by Pfab, to adopt RES. 03-60, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 HANDRAIL REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Mormon Trek Boulevard Extension project and directing City Clerk to publish advertisement for bids. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. 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 Champion, seconded by Wilbum, 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 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, to accept correspondence from Jim Spratt. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Council Member Vanderhoef requested that a response be addressed to Mr. Spratt. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-62, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION, THE CITY OF IOWA CITY AND THE BOARD OF REGENTS OF THE STATE OF IOWA. Council Member Vanderhoef noted the cost sharing for the project. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-63, AUTHORIZING THE CITY OF IOWA CITY TO PARTICIPATE IN AN AGREEMENT FOR SERVICES OF CONSULTANT REGARDING A JOINT STUDY OF FEASIBILITY OF ESTABLISHING MUNICIPAL UTILITIES AND AUTHORIZING THE IOWA ASSOCIATION OF MUNICIPAL UTILITIES TO SERVE AS AGENT FOR THE AGREEMENT FOR SERVICES. Asst. City Atty. Matthews present for discussion. The following individuals appeared: Larry Baker, Citizens for Public Power, 1217 Complete Description Page 6 February 18, 2003 Rochester Ave.; Bob EIliott, 1108 Dover St.; Terry Smith, Manager of Operations for MidAmerican Energy, 2220 Balsam Ct.; Mike Kriegermeier, Business Manager Local 109, 6051 Beverly Rd. (CR); Mark Douglas, President of Iowa Utility Association, 4804 Cedar Dr. (WDM); Jim Larew, 228 Wolf Ave.; and Susan Frey, representing MidAmerican Energy Company, 816 River St. 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 Vanderhoef, seconded by Pfab, to accept correspondence from: Petition signed by 57 individuals, Letter signed by 40 individuals, letters from: Ray Ellefson, Chuck A. Johnson, Thomas J. Howsare, Larry F. Shaw, Vicki Nelson, John Fueling, Mark Grell, William E. Courtney, Carol Spazoni and Saul Mekies, James Aipperspach, Mike Kriegermeier, Donald R. Ashmore, Juanita F. Dalton, Kay Ellefson, Mark Douglas, Dick Beck, Brian Phelps, Joseph S. Parrish, Terry Hora, Robert S. Lehman, Terry and Cynthia Smith, and Brian J. Smith, Thomas R. Scott. Moved by Pfab, seconded by Champion, to adopt RES. 03-64, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. Council Member Kanner noted it was a good step for regional efforts and saved University Heights money. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to defer to March 11, a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa River Dam Renovation project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to approve a tentative agreement between the Police Labor Relations Organization of Iowa City and the City of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Candace Peters, Mecca, 430 Southgate, appeared as Chairperson of the Board of the Johnson County Local Homeless Coordinating Board concerning the interest policy for the CDBG HOME funded ownership; and thanking the City for their support to reinstate HUD funds. The following individuals appeared regarding anti war/peace resolution: Anjali Khosla, Campaign Against War at the University of Iowa; Miriam Timmer-Hackert, 647 Emerald St.; Mary Tiedeman, 624 S. Clinton St.; Holly Berkowitz; Ralph Knudson, MD, 861 Normandy Dr.; Garry Klein, 628-2nd Ave.; Kyle Lesline; Alisa Meggitt, 5/6 Grade Teacher in the ICCSD; Karly Whitaker, 630 S. Governor; Elena Perkhounkova, 1408 Keokuk St.; Newman Abuissa; Jim Throgmor[on, 1020 Church St.; and Holly Berkowitz. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Dorothy Paul and Alisa Meggitt. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to appoint Randy Hartwig, 1325 Ashley Drive, to the Airport Commission to fill a six-year term March 1,2003 - March 1,2009. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. The Mayor noted no applications had been received for the Airport Zoning Board of Adjustment to fill an unexpired term ending December 31,2003; Airport Complete Description Page 7 February 18, 2003 Zoning Commission to fill two unexpired terms ending December 31,2003 and December 31,2005; Historic Preservation Commission for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006, and announced all would be readvertised. Council Member Champion suggested the Council consider a pro peaceful resolution rather than the anti war resolution currently proposed. Council Members Pfab and Kanner agreed with the suggestion, and in accordance with Council policy, (upon request of three Council Members an item may be placed on a work session or formal agenda) the item will be placed on the March 11 work session agenda. Council Member Wilburn stated his reasons for not supporting formal action on the request for consideration of an anti war resolution. Council Member Vanderhoef noted a state bill being considered on park impact fees, asked for consideration of an amendment to the City's neighborhood open space plan providing that money could be used for acquisition and development of neighborhood parks. Majority of Council agreed to discuss the matter after the bill is passed or at the conclusion of the current legislative session. Council Member Pfab stated he would be traveling to Des Moines to visit with State Legislators on February 19 with a group of senior citizens and encouraged people to call him with comments prior to his visit. Council Member Vanderhoef stated she had intended to report on Legislative Day but due to the lateness of the meeting would wait for another time. Council Member Kanner noted appreciation for remarks made by Mayor Lehman during his State of the City address on gasoline and traveled miles statistics, but raised concerns with increased traffic with expansion of roads, noting building roads was not the answer; thanked city services for taking water service from the private sector, shared his interest to pursue municipalization rather than privatization in most instances, and added to Bob Haug's comments reported by MidAmerican during discussion of the municipal power study, clarifying that the City of Sheldon was a different size community than Iowa City and was at overcapacity, and Iowa City is currently undercapacity; relative to the request for consideration of an anti war resolution stated the ultimate goal was peace but there were national issues the Council has taken a stand on such as promoting AMTRAK and a stricter bottle bill for the State; asked for Council consideration of a resolution against the Patriot Act; and reported that one issue discussed at Legislative Day was proposed bill doing away with new municipal electric franchises, and that the League was looking out for people power issues. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 10:40 p.m. The Mayor declared the motion carried unanimously, 7/~.,,¢11 Council Members pr,e,e~ent. Ernest W. Lehman~ ~layor 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 2/4/03 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 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 and seconded 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 Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T.'s, 826 S. Clinton St. Class C Liquor License for Bo-James, 118 E. Washington St. Class C Liquor License for It's Brothers Bar & Grill, 125 S. Dubuque St. Outdoor Service Area for It's Brothers Bar & Grill, 125 S. Dubuque St. Class C Liquor License for Quinton's Bar & Deli, 215 E. Washington St. Class C Liquor License Mike's Tap, 122 Wright St. Class C Liquor License for Malone's Irish Pub, 121 Iowa Ave. RES. 03-36, TO ISSUE DANCING PERMIT for R.T.'s, 826 S. Clinton St.; It's Brothers Bar & Grill, 125 S. Dubuque St.; and Malone's Irish Pub, 121 Iowa Ave. Setting Hearings: RES. 03-37, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 HANDRAIL 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, SETTING A PUBLIC HEARING 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 Official Actions February 4, 2003 Page 2 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 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 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 wi~h 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' Asseciation) 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 Official Actions Februaw 4,2003 Page 3 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/Coraiville 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. The Mayor declared the motion carried as amended. Moved and seconded to adopt RES. 03-49, APPROVING RESTRICTIONS AND COVENANTS FOR THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO, A RESUBDIVISlON OF LOTS 1-4 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION, A/K/A AVIATION COMMERCE PARK AND THE NORTH COMMERCIAL AREA. Dorothy Paul, 608 Larch Lane, appeared and requested Council consideration of a resolution against the war in Iraq. Moved and seconded to accept correspondence. The Mayor declared the motion carried. 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 and seconded to set a public hearing for February 18 on an ordinance rezoning 1.6 acres from Community Commercial (CC-2) to Public (P) for property located at 1828 Lower Muscatine Road. The Mayor declared the motion carried. Moved and seconded 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. 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. Moved and seconded that the ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way, be given second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 03-4058, VACATING LAFAYETTE STREET LOCATED WEST OF CAPITOL STREET, be passed and adopted. Moved and seconded 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. Moved and seconded to move Item 6g, vacating the east-to west alley in Block 27 of the Original Town plat located between Market and Bloomington Street west of Dodge Street to after Item 10. The Mayor declared the motion carried. Moved and seconded that ORD. 03-4059, 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 passed and adopted. Moved and seconded to adopt RES. 03-50, APPROVING FINAL PLAT OF HEARTHSIDE REFUGE, IOWA CITY, IOWA. 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 Official Actions February 4, 2003 Page 4 bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 03-51, 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. 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 between 405 South Summit Street and 338 South Governor Street to Phyllis Tucker. Phyllis Tucker, 3425 S. Jamie Lane, appeared and requested deferral. Moved and seconded to continue public hearing to March 11. The Mayor declared motion carried. Moved and seconded 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. 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 and seconded 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. Moved and seconded 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. 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 and seconded to accept correspondence from Thomas H. Gelman. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-52, AUTHORIZING CONVEYANCE OF THE PLATTED ALLEY IN BLOCK 27, ORIGINAL TOWN, IOWA CITY, IOWA, TO MERCY HOSPITAL. Moved and seconded to amend the purchase dollar amount from $'1 to $'15,000. Moved and seconded to call the question. The Mayor declared the motion calling the question carried. The Mayor declared the motion to amend carried. Moved and seconded 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, be passed and 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. Moved and seconded 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. Official Actions February 4, 2003 Page 5 Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to approve a tentative agreement between the Iowa City Association of Professional Firefighters, IAFF, AFL-CIO, Local 610, and the City of Iowa City. 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. Moved and seconded to adjourn 8:20 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. K:rr, City C, lerk ~ Su~~,bm i'~?t~ u~lic~~ 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 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, Wilbum. 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 Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Iowa City Westside Caf6, 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 & Marry 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 HANDRAIL 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 18 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. Chadie 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; th and questioned a response to the Jaycees for funding for the 4 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 RESUBDIVISION 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 February 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 HEARTHSIDE 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 HEARTHSIDE 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 Connor 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 13yrne 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, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk