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HomeMy WebLinkAbout2003-05-06 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 MAY 6, 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, Vanderhoef, Wilburn. Absent: Pfab. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, Kopping, Seal, Rogusky, Boothroy, McCafferty, Spitz. Council minutes tape recorded on Tape 03-39, Side 2; Tape 03-42, Both Sides; Tape 03-43, Both Sides. The Mayor proclaimed: Bicycle Month, May 2003, Greg Kovaciny, BIC, accepting. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Eryn Alexander, Claire Hubbard, Winston Kosier. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as follows, with separate consideration of item 4d(10) approving funding for Rack BBQ from Block Grant Economic Development Fund: Approval of Official Council Actions for special meeting of April 22, 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): Housing and Community Development Commission - March 13. Housing and Community Development Commission - March 20. Iowa City Civil Service Commission - March 6, 7, and 31. Iowa City Human Rights Commission - March 25. Iowa City Library Board of Trustees - March 27. Iowa City Telecommunications Commission - March 24. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Beer Permit for DeliMart Corp. dba DeliMart #3, 2410 Mormon Trek Blvd. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. RES. 03-124, TO ISSUE CIGARETTE PERMITS to Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. Resolutions: RES. 03-125, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DAVE'S FOX HEAD TAVERN. RES. 03-126, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM GASBY'S EAST. RES. 03-127, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM TOBACCO OUTLET PLUS #537. RES. 03-128, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE Q BAR. REg. 0:2-129, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORES #52. RES. 03-130, ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGH¥ TO HEARING FROM HY-VEE FOOD STORE #1. RES. 03-131, ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORE #51. RES. 03-132 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY Complete Description Page 2 May 6, 2003 STATES, L.L.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. RES. 03-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 903 IOWA AVENUE, IOWA CITY, IOWA. RES. 03-134, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, FIRST ADDITION, AND REPLAT OF PENINSULA NEIGHBORHOOD, FIRST ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-135, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Correspondence: Kristen Lueken regarding Bike Trails. Smoking: John Robinson, Sarah Bappe. Ms. Cletus Funk regarding MidAmerican Energy. Robin Behr regarding Homeless Shelters. Tom Woodruff regarding DFG Design Award Presentation. JCCOG Traffic Engineering Planner regarding Removal of a Sign Indicating NO PARKING 2 AM - 6 AM TOW-AWAY ZONE on the South Side of the 500 Block of Iowa Avenue; Removal of Signs Indicating AMBULANCE PARKING ONLY BETWEEN SIGNS and TOW- AWAY ZONE from the North Side of the 400 Block of Bloomington Street and Installation of Two On-Street Parking Meters. Governor Vilsack regarding Budget Cuts. Council Member Kanner noted the memo from JC Atty. Patrick White concerning The Vine alcohol license renewal, and stated the business was under new management and would be supporting renewal; and requested a memo regarding process in enforcement of hearings and fines on establishments selling cigarettes to minors. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-136, APPROVING FUNDING FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Community and Economic Coordinator Nasby present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 5/0, Wilburn abstaining, Pfab absent. The Mayor declared the resolution adopted. Council Member Wilburn returned to the meeting. A public hearing was held on a resolution amending the South Central District Plan to change the future land use designation from Office Park / Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard extended. No one appeared. A public hearing was held on a resolution annexing approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. No one appeared. Moved by O'Donnell, seconded by Champion, to accept correspondence from John Dane. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. A public hearing on an ordinance changing the zoning designation of approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Complete Description Page 3 May 6, 2003 Commercial for property located west of Dane Road, east of Mormon Trek Boulevard Extended. No one appeared. A public hearing on an ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. No one appeared. A public hearing was held on an ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. Kevin Hanick, representing the applicant appeared. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street, be given first vote. Atty. Robert Downer, representing Wesley Foundation, appeared. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property (Hanick) at 130 North Dubuque Street. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property (Hanick) at 130 North Dubuque Street, be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance changing the zoning designation from High Density Single Family / Sensitive Area Overlay (RS-12/OSA) to Planned Development Housing Overlay (OPDH-12/OSA) for 2.12 acres (Pine Ridge) of property located at the southeast corner of Meadow Ridge Lane and North Dubuque Street, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Henry Klosterman, Amy Weiss, Melinda Bricker. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by O'Donnell, that the ordinance combining the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District, be given first vote. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the motion carried. Council Member Vanderhoef left meeting due to a conflict of interest on the next four items. Moved by Champion, seconded by O'Donnell, that the ordinance to rezone from Neighborhood Conservation Residential (RNC-12 & RNC-20), High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS- 8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS- 8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, be given second vote. The following individuals appeared: Lisa Complete Description Page 4 May 6, 2003 Schintler, 1033 E. Burlington St.; Dennis Nowotny, 517 E. Washington St.; William Downing, 1030 E. Burlington St.; Mike Brennan, 1207 Seymour Ave.; Historic Preservation Chair Michael Maharry; Joan McCarty, 536 S. Summit St.; Jackie Briggs, Executive Director, Friends of Historic Preservation; Ginalie Swaim, 1024 Woodlawn Ave. Planner McCafferty present for discussion. The Mayor declared the motion carried unanimously, 5/0, Vanderhoef abstaining, Pfab absent. Moved by O'Donnell, seconded by Champion, to accept correspondence from Michael Brennan, Glenn Ehrstine, and Lisa Schintler. The Mayor declared the motion carried unanimously, 5/0, Vanderhoef abstaining, Pfab absent. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-12), to Overlay Historic Preservation, (OHP/RNC-12), designating the property located at 30 South Governor Street an Iowa City Historic Landmark, be given second vote. Affirmative roll call vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic Preservation, (OHP/RNC-20), designating the property at 802 Washington Street as an Iowa City Historic Landmark, be given second vote. Affirmative roll call vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic Preservation, (IHP/RNC-20), designating the property at 726 Iowa Avenue as an Iowa City Historic Landmark, be given second vote. Affirmative roll call vote unanimous, 5/0, Vanderhoef abstaining, Pfab absent. The Mayor declared the motion carried. Council Member Vanderhoef returned to the meeting. Moved by Champion, seconded by O'Donnell, that ORD. 03-4071, TO AMEND AN EXISTING PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN (OPDH-8) TO ALLOW A 64-UNIT RESIDENTIAL DEVELOPMENT FOR LOT 255 OF WINDSOR RIDGE, PART TWELVE LOCATED AT THE INTERSECTION OF COURT STREET AND ARLINGTON DRIVE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Kanner, to defer to June 10 an ordinance vacating the northernmost 60 feet of the dead-end alley along the west property line of 405 South Summit Street. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-137, APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PARTS 7,8 AND 9, A 43-LOT, 19.01-ACRE SUBDIVISION LOCATED AT DUBLIN DRIVE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-138, APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 8, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Complete Description Page 5 May 6, 2003 Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-139, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF HARNEY'S HOMESTEAD, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to move up Item No. 15 on the agenda and consider at this time. The Mayor declared the motion carried unanimously, 6/0, Pfab, absent. Moved by Vanderhoef, seconded by Champion to adopt RES. 03-140, TO ADOPT THE COMPREHENSIVE SET OF RECOMMENDATIONS AND SCHEDULE OF MEMBERSHIP FEES, OUTLINED IN PLANNING FOR CHANGE: FY04 FUNDING, OPERATIONAL AND PROGRAMMING CHANGES AT THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER, THAT WERE DEVELOPED AND APPROVED BY THE SENIOR CENTER COMMISSION. The following individuals appeared: Patricia Ephgrave, 325 Ferson Ave.; Jay Taylor, 3206 Raven St., read a statement from Leo McGovern; Betty McKray, 701 Oaknoll Dr.; Dawn Mueller, 1220 Village Rd.; Liz Selk, Executive Director, Heritage Agency; Dave Dowell, 320 S. Dubuque St.; Eve Casserly, Coralville, read a statement from June Braverman; Linda Fisher, Coralville; Bob Welsh, 64 Penfro Dr.; Joanne Hora, Herbert Hoover Highway; Charity Rowley, 519 Park Rd.; Jo Hensch, 3107 Balfour Place; Bebe Ballantyne; Claire Shaw, 2710 E. Washington St.; Lori Benz, 2012 Dunlap Ct.; Jay Honohan, 1510 Somerset Lane, Senior Center Commission; and Betty Kelly, 1108 Sunset St. Individual Council Members expressed their views. Moved by Kanner that the membership fee be amended to $10. The Mayor declared the motion dead for lack of a second. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. Nays: Kanner. Absent: Pfab. Moved by Vanderhoef, seconded by Kanner, to accept correspondence from: Eve Casserly and William Laubengayer, Charlotte Walker, Elizabeth Selk, Ruth Dolezal, Stan Aldinger, Jay Honohan and Lori Benz, Marcia Emmons and Mildred Pickle, Janie Yates, William Laubengayer, Dean Anderson, Erma Jo Thomas, Harry and Myrna Samms, Jeanne Meyer, Barbara Hackman, Bob Welsh. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. A public hearing was held on the proposed Highway 6 Commercial Urban Renewal Plan. The following individuals appeared: Colin Gordon, 1122 Rochester Ave.; and Karen Kubby, 728 Second Ave. Community and Economic Development Coordinator Nasby present for discussion. A public hearing was held on proposed amendment #1 to the Sycamore & First Avenue Urban Renewal Plan. Colin Gordon, 1122 Rochester Ave.; and Karen Kubby, 728 Second Ave. requested their previous remarks be included as part of this hearing also. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 2003 Asphalt Resur[acing 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 O'Donnell, seconded by Wilburn, to adopt RES. 03-141, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND Complete Description Page 6 May 6, 2003 FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. A public hearing was held on 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. Moved by Vanderhoef, seconded by Champion, to continue public hearing to June 10. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 10 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 the motion carried unanimously, 6/0, Pfab absent. A public hearing was held on 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 O'Donnell, seconded by Vanderhoef, to continue public hearing to June 10. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 10 a 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 the motion carried unanimously, 6/0, Pfab absent. Moved by O'Donnell, seconded by Champion, that the ordinance amending City Code Title 14, entitled "Uniform Development Code," Chapter 5, entitled "Building and Housing," Article E, entitled "Housing Code," to add regulations for rental properties whereon two or more separate occasions within a 12-month period of time the issuance of a criminal complaint, municipal infraction, or a written notice of violation has occurred, be given second vote. The Mayor declared the motion carried, 4/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef. Nays: Kanner, Wilburn. Absent: Pfab. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from George Sondag. The Mayor declared the motion carried unanimously, 6/0, Pfab absent. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 03-4072, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES", CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," TO ADD CERTAIN SECTIONS TO SECTION 8, ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS" AND ADD A NEW SECTION 9, ENTITLED "NON-MOTORIZED VEHICLE VIOLATIONS," IN ORDER TO SET SPECIFIC FINES FOR CERTAIN VIOLATIONS, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, that ORD. 03-4073, AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," OF THE CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER NINETEEN (19) YEARS OF AGE FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 PM AND CLOSING, be passed and adopted. The following individuals appeared: Don Complete Description Page 7 May 6, 2003 Stalkfleet; Nate Green, University of Iowa Student Body President; Mayrose Wegmann, 808 Benton Dr., Vice President of the Student Body; and Jim Clayton, Co-coordinator Stepping Up Project. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the ordinance adopted. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-142, ADOPTING IOWA CITY'S FY04 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Community and Economic Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 5/0, Wilburn abstaining, Pfab absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Brad Langguth. The Mayor declared the motion carried unanimously, 5/0, Wilburn abstaining, Pfa5 absent. Council Member Wilburn returned to the meeting. Moved by O'Donnell, seconded by Champion, to adopt RES. 03-143, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE PEDESTRIAN BRIDGE REHABILITATION PROJECT to Cramer & Associates, for $205,880.00. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-144, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003 PARKING RAMP MAINTENANCE AND REPAIR PROJECT to Paragon Constructors, Inc., for $269,291.75. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Pfab absent. The Mayor declared the resolution adopted. Mark Danielson requested time to speak about the previous item regarding the landlord nuisance ordinance. After discussion, it was agreed that Mr. Danielson would appear at the next formal meeting prior to passage of the ordinance. The Mayor announced the current vacancies on boards and commissions: Housing and Community Development Commission for three vacancies to fill three- year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board for one vacancy for a current or former Peace Officer to fill a four-year term September 1, 2003 - September 1, 2007. (The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law.) Applications must be received by 5:00 p.m., Wednesday, June 18. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for one vacancy to fill an unexpired term ending December 31,2003. Airport Zoning Commission for one vacancy to fill an unexpired term ending December 31,2003. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Library Board of Trustees for three vacancies to fill six-year terms July 1,2003 - July 1,2009. Telecommunications Commission for one vacancy to fill an unexpired term Complete Description Page 8 May 6, 2003 ending March 13, 2004. Applications must be received by 5:00 p.m., Wednesday, May 14. Council Member Wilburn invited the public to the Crisis Center Breakfast on May 18. Council Member Kanner noted appreciation for the flowers and trees on the Ped Mall downtown. Champion also noted the fountain was also working. Moved by O'Donnell, seconded by Vanderhoef,j~o adjourn regular meeting at 11:10 p.m. The Mayor declared the motion carried~fa~ab~se,nt.~ .~ Ernest W. Lehman, Mayor Mari'~'n K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the ~ w~,wv 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 - 4/22/03 Iowa City City Council special meeting, 7:00 p.m. at the Civic Center, Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Absent: None. The Mayor proclaimed: Arbor Day -April 25, Terry Robinson, City Forester, accepting; Volunteer Week - April 27 - May 3, Janie Jeffries (VAN) Volunteer Adm. Network, accepting; Historic Preservation Week - May 5-12. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Natalie Manhica, Katie Monson, Jake Zubrod. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of April 7 and April 8, 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): Iowa City Board of Adjustment - March 12. Historic Preservation Commission - March 13. Planning and Zoning Commission - March 20. Police Citizens Review Board - March 11. Police Citizens Review Board - March 24. Public Art Advisory Committee - March 6. Motions: approve disbursements in the amount of $12,703,919.21 for the period of March 1 through March 31,2003, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Liquor House, 326 S. Clinton St. Class B Wine Permit for Liquor House, 326 S. Clinton St. Class C Beer Permit Liquor House, 326 S. Clinton St. Outdoor Service Area for Bo James, 118 E. Washington St. Renewals: Class C Liquor License for Lark Restaurant, 1069 Hwy. 1 West. Class C Liquor License for B.P.O. Elks #590, 637 Foster Road. Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Class C Liquor License for Parthenon, 320 E. Burlington St. (Correspondence included in Council packet.) Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Special Class C Liquor License for Panchero's, 32 S. Clinton St. Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr. Class C Liquor License for Sam's Pizza lC, Inc., 321 S. Gilbert St. Class C Liquor License for College Street Billiard Club, 114-116 E. College St. RES. 03-110, TO ISSUE DANCING PERMIT to Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Setting Public Hearings: RES. 03-111, SETTING A PUBLIC HEARING FOR MAY 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 ASPHALT RESURFACING 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. 03-112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 421 CRESTVIEW AVENUE, IOWA CITY, IQWA. RES. 03-113, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK Official Actions Page 2 April 22, 2003 TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 336 DOUGLASS COURT, IOWA CITY, IOWA. RES. 03-114, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, N.A., OWENSBORO, KENTUCKY FOR PROPERTY LOCATED 1541 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: Mark Edwards regarding Building Blocks to Employment Seminar. Daniel Bruns regarding Mayor's Youth. Mary Prohaska regarding Saving the Old Capitol Mall. Mel Sunshine regarding Non Residents Speaking at Council Meetings. Kay Preston regarding Handicap Parking Regulations. Pedro Alvarez regarding Nicaragua. Susan Frye regarding MidAmerican Energy Company Iowa Residential Electric Rates. Catherine Woodman regarding Dog Park. Doug Schillinger regarding Traffic Speed on Friendship St. Pat Guard (lC Area Chamber of Commerce) regarding Retail and Food Service. Marie Wilson regarding Preferential Treatment in Leaf Pick-Up [Staff response included]. Greg Duethman regarding Old Capitol Criterium. JCCOG Traffic Engineering Planner regarding Installation of a Commercial Vehicle Loading Zone on the North Side of the Alley Located between Linn Street and the Ped Mall. The Mayor declared the motion carried. Tom Padley, Mid American Energy Co., provided information on the wind farm project and proposed electric rate freeze. Brandon Ross appeared regarding lawn chemicals. Moved and seconded to accept correspondence from Mr. Ross. The Mayor declared the motion carried. Nick Herbold, 319 E. Court St., requested Council move up items #15 and #17 on the agenda. Sandy Kunde, Business and Professional Women of Iowa City, thanked Council for the Equal Pay Day proclamation on the April 8 agenda. Dawn Mueller, 1220 Village Road, reviewed activities planned for Sexual Assault Awareness Month; and wind power issues, noting her attendance at the Wind Power Conference in May. Ann Bovbjerg, Planning and Zoning Chairperson, thanked Council for acknowledging the recommendation of the Commission to look at improvements on North Dubuque Street sooner rather than later. Karen Pease, 810 Benton Dr., regarding placement of controversial items late on the agenda. Moved and seconded to set a public hearing for May 6 on a resolution amending the South Central District Plan to change the future land use designation from Office Park / Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard extended. The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 6 on a resolution annexing approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 6 on an ordinance rezoning approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard extended. The Mayor declared the motion carried. Moved and seconded to set a public hearing for May 6 on an ordinance rezoning approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. The Mayor declared the motion carried. Official Actions Page 3 April 22, 2003 A public hearing was held on an ordinance changing the zoning designation from High Density Single Family / Sensitive Area Overlay (RS-12/OSA) to Planned Development Housing Overlay (OPDH-12/OSA) for 2.12 acres of property located at the southeast corner of Meadow Ridge Lane and north Dubuque Street. The following individuals appeared: Atty. Dean Spina, CJ's Construction; Corey Hodapp, CJ's Construction; Mike Cardane, 1949 Meadow Ridge Dr.; and John Rimmert, Meadow Ridge Lane. Moved and seconded to accept correspondence from Melinda Bricker, Rodney Hanze, Christopher and Amy Hamdorf. The Mayor declared the motion carried. A public hearing was held on an ordinance combining the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. Moved and O'Donnell, seconded that the ordinance to amend an existing Planned Development Housing Plan (OPDH-8) to allow a 64-unit residential development for lot 255 of Windsor Ridge, Par-[ Twelve located at the intersection of Court Street and Arlington Drive be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from John Moreland. The Mayor declared the motion carried. Council Member Vanderhoef left meeting due to a conflict of interest on the next four items. Moved and seconded that the ordinance to rezone from Neighborhood Conservation Residential (RNC-12 & RNC~20), High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, be given first vote. The following individuals appeared: Mike Brennan, Longfellow Neighborhood; Lisa Schintler, 1033 E. Burlington St. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-12), to Overlay Historic Preservation, (OHP/RNC-12), designating the property located at 30 South Governor Street an Iowa City Historic Landmark, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic Preservation, (OHP/RNC~20), designating the property at 602 Washington Street as an Iowa City Historic Landmark, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Oveday Historic Preservation, (IHP/RNC-20), designating the property at 726 Iowa Avenue as an Iowa City Historic Landmark, be given first vote. The Mayor declared the motion carried. Council Member Vanderhoef returned to the meeting. A public hearing was held on an ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. The following individuals appeared: Kevin Hanick, on behalf of the owner Patricia Lenoch; and Atty. Bob Downer, representing Wesley Foundation. Moved and seconded to continue public hearing to May 6. The Mayor declared the motion carried. Official Actions Page 4 April 22, 2003 Moved and seconded to defer to May 6 the ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. Kevin Hanick, representing owner Patricia Lenoch, appeared. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property at 130 North Dubuque Street. Moved and seconded to continue public hearing to May 6. The Mayor declared the motion carried. Moved and seconded to defer to May 6 the ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property at 130 North Dubuque Street. The Mayor declared the motion carried. Moved and seconded that ORD. 03-4070 REZONING 1.6 ACRES FROM COMMUNITY COMMERCIAL (CC-2) TO PUBLIC (P) FOR PROPERTY LOCATED AT 1828 LOWER MUSCATINE ROAD, be passed and adopted. Moved and seconded to adopt RES. 03-115, APPROVING FINAL PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. Moved and seconded to move up item #19 for consideration at this time. The Mayor declared the motion carried. Moved and seconded to approve a resolution to adopt the comprehensive set of recommendations and schedule of membership fees, outlined in Planning for Change:FY04 Funding, Operational and Programming Changes at the Iowa City/Johnson County Senior Center, that were developed and approved by the Senior Center Commission. Bob Welsh, 84 Penfro, Chair of the Johnson County Task Force on Aging, requested deferral to May 6. Original motion withdrawn. Moved and seconded to defer until May 6. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Charlotte Walker, Bob Welsh and Pat Ephgrave, June Braverman and Charlotte Walker. The Mayor declared the motion carried. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and 1 Tower Place LLC for condominium Unit I-D in Tower Place and parking and the disposition of said property in accordance herewith. Moved and seconded to adopt RES. 03-116, APPROVING A PURCHASE AGREEMENT WITH 1 TOWER PLACE LLC FOR CONDOMINIUM UNIT I-D IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. A public hearing was held on amending the FY2003 operating budget. Council Member Wilburn left the meeting due to a conflict of interest. A public hearing was held regarding the proposed FY04 Annual Action Plan, including the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Budgets. the FY04 Annual Action Plan is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The following individuals appeared: Amy Correia, Chair, Housing and Community Development Commission (HCDC); Dottie Persson, President of the Shelter House Board, 14 Gallup Place; Sandy Pickup, Free Medical Clinic, 818 Third Ave.; Jerry Anthony; Mariah Edington; Tom Blogett, Shelter House, 2442 Walden Rd.; Michelle Hankes, 4C's; Heather McDonald, Shelter House Board Member; Betty Norbeck, Shelter House Board Member, 1715 Ridgeway Dr.; Karen Pease, 818 Benton Dr.; Jean Volk; Linda Official Actions Page 5 April 22, 2003 Nelson, HACAP Headstart, 1405 Oaklawn; Karen Kubby, Emma Goldman Clinic, 227 N. Dubuque St.; and Brad Langguth, President of Habitat affiliate. Community and Economic Development Coordinator Nasby present for discussion. Moved and seconded to accept correspondence from Amy Correia, Brad Langguth, Nancy Stensvaag, Michael Bowers, Karen Kubby, Connie Benton Wolfe, Michelle Hankes, Susan Lehmann, Carolyn Walling, letter signed by 11 individuals representing students and faculty of Public Health Nursing Practicum, College of Nursing. The Mayor declared the motion carried. A public hearing was held on the Iowa City Housing Authority amended Section 8 Administrative Plan. Moved and seconded to adopt RES. 03-119, ADOPTING THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. A public hearing was held on The Iowa City Housing Authority amended Public Housing Admissions and Continued Occupancy Plan (ACOP). Moved and seconded to adopt RES. 03-118, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). A public hearing was held on plans, specifications, form of contract and estimate of cost for the construction of the Oakland Cemetery Deeded Body Memorial Site, establishing amount of bid security to accompany each bid, directing City Clerk to public advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 03-119, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLIC ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the Waterworks Park Trailhead Parking 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. 03-120, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING 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 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, PO Box 1907, appeared. Moved and seconded to adopt RES. 03-121, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. Moved and seconded that the ordinance amending City Code Title 14, entitled "Uniform Development Code," Chapter 5,. entitled "Building and Housing," Article E, entitled "Housing Code," to add regulations for rental properties whereon two or more separate occasions within a 12-month period of time the issuance of a criminal complaint, municipal infraction, or a written notice of violation has occurred, be given first vote. The following individuals appeared: Matt Blizek, 628 N. Linn St.; Nathaniel Official Actions Page 6 April 22, 2003 Gavronsky; Mike Wright, 815 Roosevelt St.; Pam Ehrhardt, 1029 E. Court St.; Jean Walker, 335 Lucon Dr.; Mark Danielson, representing the Greater Iowa City Apartment Association; Ann Estin; Kevin Perez, 161 Columbia Dr.; Keri Hornbuckle, 918 Washington St.; Nick Herbold, 319 E. Court St.; Mike Newman, 1234 Burns Ave.; Gillian Dosenberg, 728 E. Washington St.; Jerry Hansen, 1239 Burns Ave.; Daryl Woodson, 302 Kimball Rd.; Anna Buss, Miller Ave.; Jean Volk; Karen Leigh, 809 E. Bloomington St.; Hillary Sale, Task Force Member, 1016 E. College St. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Margie Peskin, Charles and Margaret Felling, Sarah Buss Paulson and Henry Paulson, Barbara Buss, Jerry Hansen, Paula and Lowell Brandt, Michael Wright, Claire Sponsler, Barbara van der Woude, Marc Light and Jill Gaulding, Michelle Campo, Jean Walker. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," to add certain sections to Section 8, entitled "Violation of Various Code Sections" and add a new Section 9, entitled "Non- motorized Vehicle Violations," in order to set specific fines for certain violations, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," of the City Code to prohibit persons who are under the legal age for lawful purchase and possession of alcoholic beverages from entering or remaining in establishments with liquor control licenses or wine or beer permits between the hours of 10:00 p.m. and closing, be given second vote for consideration at this time. The following individuals appeared: Sarah Brazee, 815 E. Washington St.; Nate Green, U of I Student Body President, 702 N. Dubuque St. Moved and seconded to accept correspondence from Nate Green. Also appearing for discussion were: Karen Pease, 818 Benton Dr.; Ralph Wilmoth, Director of Johnson County Public Health; Don Stalkfleet; Art Schut, MECCA; Megan Heneke, 100 Slater Hall; Jennifer Fischoff, 100 Burge Hall; Kyle Fitzgerald; Steve Bergerud, 913 Gilbert Ct., Regal Amusements; Drew Bielduski, 16 Green Mountain Dr.; Kevin Perez, 161 Columbia Dr.; Kathy Huedepohl, 319 E. Washington St.; Nathaniel Gavronsky, 100 Mayflower; Bret[ Castillo, 613 E. Court St.; Eric Scogman, 216 E. Market St.; Tom BIogett, 2442 Walden Rd.; Jeff Nimits, 108 River St.; and Steve Parrott, 2562 Catskill Ct., Stepping Up Project. Original motion withdrawn. Moved and seconded to amend the ordinance to prohibit persons under nineteen years of age from entering or remaining in establishments with liquor control licenses or wine or bee permits between the hours of 10:00 p.m. and closing. The Mayor declared the motion to amend carried. Moved and seconded that the amended ordinance be given first vote for passage. ']'he Mayor declared the motion carried. Moved and seconded to accept correspondence from Chris Lake, Dave Moore, Gwendolyn Archibald, Kathleen Janz, Peter Warski, Amber Johnson, Ryan Meyer, Katie Budke, Amy Fletcher, Joey McCollum, Nick Mohr, Sarah Hansen, Mike Juvenal, Brent Johnson, Carey Nassano, Lothar Beyer, Jeri Lyles, Bridget Wilson, Kyle Bogler, Jonathan Heggen, Matt Wilkey, Thomas Tapp, Libby Shannon, Adam Burton, Eric Smith, Courtney Nelson, Tyler Luebke, Mick Wroblewski, Carolyn Cavat[, Shirley Radioff, Garret Paul Bock, Janice Marks Green, Shane Merriit, Katherine Carlson, Aaron Greving, Mat[ Lippon Michelle Tegeler, Jenifer Mitchell, Cory Kemp, Gabrean Barton, Michael Crane, Scott Hansen, Kelly Dolan, Gina Pottorff, LaShelle Christensen, Amy McBeth [Staff response included], Lisa James, Karly Rossiter. The Mayor declared the motion carried. Official Actions Page 7 April 22, 2003 Moved and seconded to adopt RES. 03-122, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LUBIN TRUST AND MOTIF, LTD. DBA BO-JAMES FOR A SIDEWALK CAFI~. Moved and seconded to adopt RES. 03-123, APPROVING THE DESIGN OF THE EXTERIOR ARCHITECTURE OF PLAZA TOWERS LOCATED ON BLOCK 64- lA. Moved and seconded to make the following appointments to boards and commissions: appoint Margaret Loomer, 1248 Jensen Street, to the Parks and Recreation Commission to fill an unexpired term ending January 1,2004; re-appoint Dean Shannon, P. O. Box 3353 and Ann Freerks, 443 S. Governor Street, to the Planning and Zoning Commission to fill two five-year terms May 1, 2003 - May 1, 2008; appoint David Bourgeois, 1477 Buckingham Place, to the Police Citizens Review Board for a current or former Peace Officer to fill an unexpired term ending September 1, 2005. (The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law.) The Mayor declared the motion carried. Moved and seconded to accept correspondence from Helen Burford regarding Planning and Zoning Commission. The Mayor declared the motion carried. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for one vacancy to fill an unexpired term ending December 31,2003; Airport Zoning Commission for one vacancy to fill an unexpired term ending December 31,2003. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2003 - July 1,2009. Telecommunications Commission for one vacancy to fill an unexpired term ending March 13, 2004. Applications must be received by 5:00 p.m., Wednesday, May 14. Moved and seconded to adjourn special meeting at 1:00 a.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 Subm'~ed for publication - 4/30/03. 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 APRIL 22, 2003 Iowa City City Council special meeting, 7:00 p.m. at the Civic Center, Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Nasby, O'Malley, Cate, Boothroy Grosvenor, Klingaman. Council minutes tape recorded on Tape 03-32, Side 2; Tape 03-35, Both Sides; Tape 03-36, Both Sides, Tape 03-37, Both Sides. The Mayor proclaimed: Arbor Day -April 25, Terry Robinson, City Forester, accepting; Volunteer Week - April 27 - May 3, Janie Jeffries (VAN) Volunteer Adm. Network, accepting; Historic Preservation Week - May 5-12. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Natalie Manhica, Katie Monson, Jake Zubrod. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions for special meetings of April 7 and April 8, 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): Iowa City Board of Adjustment - March 12. Historic Preservation Commission - March 13. Planning and Zoning Commission - March 20. Police Citizens Review Board - March 11. Police Citizens Review Board - March 24. Public Art Advisory Committee - March 6. Motions: approve disbursements in the amount of $12,703,919.21 for the period of March 1 through March 31,2003, as recommended by the Finance Director subject to audit. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. Class B Wine Permit for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. Class C Beer Permit for Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. Outdoor Service Area for Motif, Ltd., dba Bo James, 118 E. Washington St. Renewals: Class C Liquor License for Ambiance, LLC, dba Lark Restaurant, 1069 Hwy. 1 West. Class C Liquor License for Iowa City Lodge #590 B.P.O Elks dba B.P.O. Elks #590, 637 Foster Road. Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. Class C Liquor License for G M D, Inc., dba Parthenon, 320 E. Burlington St. (Correspondence included in Council packet.) Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's, 32 S. Clinton St. Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr. Class C Liquor License for Sam's Pizza lC, Inc., dba Sam's Pizza lC, Inc., 321 S. Gilbert St. Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club, 114-116 E. College St. RES. 03-110, TO ISSUE DANCING PERMIT to Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy. 6 East. Setting Public Hearings: RES. 03-111, SETTING A PUBLIC HEARING FOR MAY 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND Complete Description Page 2 April 22, 2003 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 ASPHALT RESURFACING 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. 03-112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 421 CRESTVIEW AVENUE, IOWA CITY, IOWA. RES. 03-113, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 336 DOUGLASS COURT, IOWA CITY, IOWA. RES. 03-114, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, N.A., OWENSBORO, KENTUCKY FOR PROPERTY LOCATED 1541 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: Mark Edwards regarding Building Blocks to Employment Seminar. Daniel Bruns regarding Mayor's Youth. Mary Prohaska regarding Saving the Old Capitol Mall. Mel Sunshine regarding Non Residents Speaking at Council Meetings. Kay Preston regarding Handicap Parking Regulations. Pedro AIvarez regarding Nicaragua. Susan Frye regarding MidAmerican Energy Company Iowa Residential Electric Rates. Catherine Woodman regarding Dog Park. Doug Schillinger regarding Traffic Speed on Friendship St. Pat Guard (lC Area Chamber of Commerce) regarding Retail and Food Service. Marie Wilson regarding Preferential Treatment in Leaf Pick-Up [Staff response included]. Greg Duethman regarding Old Capitol Criterium. JCCOG Traffic Engineering Planner regarding Installation of a Commercial Vehicle Loading Zone on the North Side of the Alley Located between Linn Street and the Ped Mall. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Tom Padley, Mid American Energy Co., provided information on the wind farm project and proposed electric rate freeze. Brandon Ross appeared regarding lawn chemicals. Moved by Pfab, seconded by Wilburn, to accept correspondence from Mr. Ross. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Nick Herbold, 319 E. Court St., requested Council move up items #15 and #17 on the agenda. Sandy Kunde, Business and Professional Women of Iowa City, thanked Council for the Equal Pay Day proclamation on the April 8 agenda. Dawn Mueller, 1220 Village Road, reviewed activities planned for Sexual Assault Awareness Month; and wind power issues, noting her attendance at the Wind Power Conference in May. Ann Bovbjerg, Planning and Zoning Chairperson, thanked Council for acknowledging the recommendation of the Commission to look at improvements on North Dubuque Street sooner rather than later. Karen Pease, 810 Benton Dr., regarding placement of controversial items late on the agenda. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for May 6 on a resolution amending the South Central District Plan to change the future land use designation from Office Park / Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard extended. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to set a public hearing for May 6 on a resolution annexing approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway Complete Description Page 3 April 22, 2003 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to set a public hearing for May 6 on an ordinance rezoning approximately 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard extended. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to set a public hearing for May 6 on an ordinance rezoning approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, and ID-RS, Suburban Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance changing the zoning designation from High Density Single Family / Sensitive Area Overlay (RS-12/OSA) to Planned Development Housing Overlay (OPDH-12/OSA) for 2.12 acres (Pine Ridge) of property located at the southeast corner of Meadow Ridge Lane and north Dubuque Street. The following individuals appeared: Atty. Dean Spina, CJ's Construction; Corey Hodapp, CJ's Construction; Mike Cardane, 1949 Meadow Ridge Dr.; and John Rimmert, Meadow Ridge Lane. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Melinda Bricker, Rodney Hanze, Christopher and Amy Hamdorf. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance combining the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and that ordinance to amend an existing Planned Development Housing Plan (OPDH-8) to allow a 64-unit residential development for lot 255 of Windsor Ridge, Part Twelve located at the intersection of Court Street and Arlington Drive, be given second vote for consideration at this time. The Mayor declared the motion defeated, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab. Absent: None. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, to accept correspondence from John Moreland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Vanderhoef left meeting due to a conflict of interest on the next four items. Moved by Wilburn, seconded by O'Donnell, that the ordinance to rezone from Neighborhood Conservation Residential (RNC-12 & RNC-20), High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS- 8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS- 8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, be given first vote. The following individuals appeared: Mike Brennan, Longfellow Neighborhood; Lisa Schintler, 1033 E. Burlington St. PCD Complete Description Page 4 April 22, 2003 Director Franklin appeared. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer consideration of the ordinance until May 6. The Mayor declared the motion to defer defeated, 2/4, with the following division of votes: Ayes: Kanner, Pfab. Nays: Champion, Lehman, O'Donnell, Wilburn. The Mayor declared the motion on first consideration carried, 4/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Pfab, Kanner. Abstaining: Vanderhoef. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-12), to Overlay Historic Preservation, (OHP/RNC-12), designating the property located at 30 South Governor Street an Iowa City Historic Landmark, be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic Preservation, (OHP/RNC-20), designating the property at 802 Washington Street as an Iowa City Historic Landmark, be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried. Moved by O'Donneli, seconded by Pfab, that the ordinance changing the zoning designation from Neighborhood Conservation Residential, (RNC-20), to Overlay Historic Preservation, (IHP/RNC-20), designating the property at 726 Iowa Avenue as an Iowa City Historic Landmark, be given first vote. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried. Council Member Vanderhoef returned to the meeting. A public hearing was held on an ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. The following individuals appeared: Kevin Hanick, on behalf of the owner Patricia Lenoch; and Atty. Bob Downer, representing Wesley Foundation. Individual Council Members expressed their views. Moved by Pfab, seconded by Vanderhoef, to continue public hearing to May 6. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, to defer to May 6 the ordinance changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 (Hanick) of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. Kevin Hanick, representing owner Patricia Lenoch, appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Wilburn. Absent: None. A public hearing was held on an ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central [~u$iness Support Zone, for a 6,000 square foot property (Hanick) at 130 North Dubuque Street. Moved by Vanderhoef, seconded by O'Donnell, to continue public hearing to May 6. The Mayor declared the motion carried unanimously, 6/0, Kanner absent. Moved by Vanderhoef, seconded by O'Donnell, to defer to May 6 the ordinance conditionally changing the zoning designation from CB-2, Central Business Service Zone to CB-5, Central Business Support Zone, for a 6,000 square foot property (Hanick) at '130 North Dubuque Street. The Mayor declared the motion carried unanimously, 6/0, Kanner absent. Complete Description Page 5 April 22, 2003 Moved by Champion, seconded by Pfab, that ORD. 03-4070 REZONING 1.6 ACRES FROM COMMUNITY COMMERCIAL (CC-2) TO PUBLIC (P) FOR PROPERTY LOCATED AT 1828 LOWER MUSCATINE ROAD (Kirkwood Community College), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by O'Donnell, to adopt RES. 03-115, APPROVING FINAL PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Kanner, to move up item #19 for consideration at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to approve a resolution to adopt the comprehensive set of recommendations and schedule of membership fees, outlined in Planning for Change:FY04 Funding, Operational and Programming Changes at the Iowa City/Johnson County Senior Center, that were developed and approved by the Senior Center Commission. Bob Welsh, 84 Penfro, Chair of the Johnson County Task Force on Aging, requested deferral to May 6. Individual Council Members expressed their views. Original motion withdrawn. Moved by Wilburn, seconded by Pfab, to defer until May 6. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to accept correspondence from Charlotte Walker, Bob Welsh and Pat Ephgrave, June Braverman and Charlotte Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and 1 Tower Place LLC for condominium Unit I-D in Tower Place and parking and the disposition of said property in accordance herewith. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 03-116, APPROVING A PURCHASE AGREEMENT WITH 1 TOWER PLACE LLC FOR CONDOMINIUM UNIT I-D IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on amending the FY2003 operating budget. No one appeared. Council Member Wilburn left the meeting due to a conflict of interest. A public hearing was held regarding the proposed FY04 Annual Action Plan, including the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Budgets. the FY04 Annual Action Plan is a sub-part of Iowa City's 2001-2006 Consolidated Plan (City Steps), as amended. The following individuals appeared: Amy Correia, Chair, Housing and Community Development Commission (HCDC); Dottle Persson, President of the Shelter House Board, 14 Gallup Place; Sandy Pickup, Free Medical Clinic, 818 Third Ave.; Jerry Anthony; Mariah Edington; Tom Blogett, Shelter House, 2442 Walden Rd.; Michelle Hankes, 4C's; Heather McDonald, Shelter House Board Member; Betty Norbeck, Shelter House Board Member, 1715 Ridgeway Dr.; Karen Pease, 818 Benton Dr.; Jean Volk; Linda Nelson, HACAP Headstart, 1405 Oaklawn; Karen Kubby, Emma Goldman Clinic, 227 N. Dubuque St.; and Brad Langguth, President of Habitat affiliate. Community and Economic Development Coordinator Nasby present for discussion. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to Complete Description Page 6 April 22, 2003 accept correspondence from Amy Correia, Brad Langguth, Nancy Stensvaag, Michael Bowers, Karen Kubby, Connie Benton Wolfe, Michelle Hankes, Susan Lehmann, Carolyn Walling, letter signed by 11 individuals representing students and faculty of Public Health Nursing Practicum, College of Nursing. The Mayor declared the motion carried unanimously, 6/0,Wilburn absent. Council Member Wilburn returned to the meeting. A public hearing was held on the Iowa City Housing Authority amended Section 8 Administrative Plan. No one appeared. Moved by Pfab, seconded by Champion, to adopt RES. 03-119, ADOPTING THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on The Iowa City Housing Authority amended Public Housing Admissions and Continued Occupancy Plan (ACOP). No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-118, TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). 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 the construction of the Oakland Cemetery Deeded Body Memorial Site, establishing amount of bid security to accompany each bid, directing City Clerk to public advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell seconded by Kanner, to adopt RES. 03-119, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLIC 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 Waterworks Park Trailhead Parking 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 O'Donnell, seconded by Vanderhoef, to adopt RES. 03-120, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING 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 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, PO Box 1907, appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-121, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE Complete Description Page 7 April 22, 2003 ACQUISITION OF PROPERTY RIGHTS FQR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Vanderhoef, Nays: Kanner, Pfab, Absent: None. Moved by Vanderhoef, seconded by Champion, that the ordinance amending City Code Title 14, entitled "Uniform Development Code," Chapter 5, entitled "Building and Housing," Article E, entitled "Housing Code," to add regulations for rental properties whereon two or more separate occasions within a 12-month period of time the issuance of a criminal complaint, municipal infraction, or a written notice of violation has occurred, be given first vote. The following individuals appeared: Matt Blizek, 628 N. Linn St.; Nathaniel Gavronsky; Mike Wright, 615 Roosevelt St.; Pam Ehrhardt, 1029 E. Court St.; Jean Walker, 335 Lucon Dr.; Mark Danielson, representing the Greater Iowa City Apartment Association; Ann Estin; Kevin Perez, 161 Columbia Dr.; Keri Hornbuckle, 918 Washington St.; Nick Herbold, 319 E. Court St.; Mike Newman, 1234 Burns Ave.; Gillian Dosenberg, 728 E. Washington St.; Jerry Hansen, 1239 Burns Ave.; Daryl Woodson, 302 Kimball Rd.; Anna Buss, Miller Ave.; Jean Volk; Karen Leigh, 809 E. Bloomington St.; Hillary Sale, Task Force Member, 1016 E. College St. HIS Director Boothroy present for discussion. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner, Wilbum. Moved by Pfab, seconded by Vanderhoef, to accept correspondence from Margie Peskin, Charles and Margaret Felling, Sarah Buss Paulson and Henry Paulson, Barbara Buss, Jerry Hansen, Paula and Lowell Brandt, Michael Wright, Claire Sponsler, Barbara van der Woude, Marc Light and Jill Gaulding, Michelle Campo, Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," to add certain sections to Section 8, entitled "Violation of Various Code Sections" and add a new Section 9, entitled "Non- motorized Vehicle Violations," in order to set specific fines for certain violations, be given second vote. 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. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," of the City Code to prohibit persons who are under the legal age for lawful purchase and possession of alcoholic beverages from entering or remaining in establishments with liquor control licenses or wine or beer permits between the hours of 10:00 p.m. and closing, be given second vote for consideration at this time. The following individuals appeared: Sarah Brazee, 815 E. Washington St.; Nate Green, U of I Student Body President, 702 N. Dubuque St. Moved by Champion, seconded by Vanderhoef, to accept correspondence from Nate Green. Also appearing for discussion were: Karen Pease, 818 Benton Dr.; Ralph Wilmoth, Director of Johnson County Public Health; Don Stalkfleet; Art Schut, MECCA; Megan Heneke, 100 Slater Hall; Jennifer Fischoff, 100 Burge Hall; Kyle Fitzgerald; Steve Bergerud, 913 Gilbert Ct., Regal Amusements; Drew Bielduski, 16 Green Mountain Dr.; Kevin Perez, 161 Columbia Dr.; Kathy Huedepohl, 319 E. Washington St.; Nathaniel Gavronsky, 100 Mayflower; Brett Castillo, 613 E. Court St.; Eric Scogman, 216 E. Market St.; Tom Blogett, 2442 Walden Rd.; Jeff Nimits, 108 River St.; and Steve Parrott, 2562 Catskill Complete Description Page 8 April 22, 2003 Ct., Stepping Up Project. Individual Council Members expressed their views. Original motion withdrawn. Moved by Champion, seconded by O'Donnell, to amend the ordinance to prohibit persons under nineteen years of age from entering or remaining in establishments with liquor control licenses or wine or bee permits between the hours of 10:00 p.m. and closing. The Mayor declared the motion by Pfab to call the question fails for lack of a second. The Mayor declared the motion to amend carried 4/3, with the following division of votes: Ayes: O'Donnell, Champion, Kanner, Pfab. Nays: Lehman, Vanderhoef, Wilburn. Moved by Champion, seconded by Kanner, that the amended ordinance be given first vote for passage. Council Members agreed to give the ordinance second and third considerations at meetings on May 5 and 6. The Mayor declared the motion carried on the amended ordinance, 6/1, with the following division of votes: Ayes: Lehman, O'Donnell, Manderhoef, Wilburn, Champion, Kanner. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Chris Lake, Dave Moore, Gwendolyn Archibald, Kathleen Janz, Peter Warski, Amber Johnson, Ryan Meyer, Katie Budke, Amy Fletcher, Joey McCollum, Nick Mohr, Sarah Hansen, Mike Juvenal, Brent Johnson, Carey Nassano, Lothar Beyer, Jeri Lyles, Bridget Wilson, Kyle Bogler, Jonathan Heggen, Matt Wilkey, Thomas Tapp, Libby Shannon, Adam Burton, Eric Smith, Courtney Nelson, Tyler Luebke, Mick Wroblewski, Carolyn Cavatt, Shirley Radioff, Garret Paul Bock, Janice Marks Green, Shane Merriit, Katherine Carlson, Aaron Greving, Matt Lippon Michelle Tegeler, Jenifer Mitchell, Cory Kemp, Gabrean Barton, Michael Crane, Scott Hansen, Kelly Dolan, Gina Pottorff, LaShelle Christensen, Amy McBeth [Staff response included], Lisa James, Karly Rossiter. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-122, AUTHORIZING ']'HE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF- WAY BETWEEN THE CITY OF IOWA CITY, LUBIN TRUST AND MOTIF, LTD. DBA BO-JAMES FOR A SIDEWALK CAFE~. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-123, APPROVING THE DESIGN OF THE EXTERIOR ARCHITECTURE OF PLAZA TOWERS LOCATED ON BLOCK 64-1A. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to make the following appointments to boards and commissions: appoint Margaret Loomer, 1248 Jensen Street, to the Parks and Recreation Commission to fill an unexpired term ending January 1,2004; re-appoint Dean Shannon, P. O. Box 3353 and Ann Freerks, 443 S. Governor Street, to the Planning and Zoning Commission to fill two five-year terms May 1, 2003 - May 1,2008; appoint David Bourgeois, 1477 Buckingham Place, to the Police Citizens Review Board for a current or former Peace Officer to fill an unexpired term ending September 1, 2005. (The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law.) The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Helen Burford regarding Planning and Zoning Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced vacancies: Airport Zoning Board of Adjustment for one vacancy to fill an unexpired term ending December 31,2003; Airport Zoning Commission for one vacancy to fill an unexpired term ending Complete Description Page 9 April 22, 2003 December 31, 2003. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2003 - July 1, 2009. Telecommunications Commission for one vacancy to fill an unexpired term ending March 13, 2004. Applications must be received by 5:00 p.m., Wednesday, May 14. Moved by Champion, seconded by O'Donnell, to adjourn special meeting at 1:00 a.m. The Mayor declared the motion carried, 7/0, all Council Member present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk