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HomeMy WebLinkAbout2003-06-10 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 JUNE 10, 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, Davidson, Henries, Cate, Fosse. Council minutes tape recorded on Tape 03-52, Both Sides; 03-53, Side 2. The Mayor proclaimed Homeownership Month, June 2003; Pride Month, June 2003, Christopher Eland, accepting. Mayor Pro rem Vanderhoef indicated she had a conflict with the June 24 formal meeting date and asked Council for consideration of possibility moving the formal to the same evening as the work session, June 23. Individual Council Members expressed their views. After discussion a majority of Council indicated their support to move the public hearings (and other items requiring expedited action) regarding historic preservation [3e(2) and 3e(3)] to a special formal on June 23 and retain the formal meeting on June 24 as scheduled. 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 Council Actions, subject to corrections, as recommended by the City Clerk: May 12 Special Council Work Session. May 19 Council Work Session (2). May 19 Special Council Formal Official and Complete. May 20 Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Historic Preservation Commission - May 8. Housing and Community Development Commission - April 22. Iowa City Public Library Board of Trustees -April 24. Parks and Recreation Commission - March 12. Planning and Zoning Commission - May 1. Police Citizens Review Board - May 13. Recommendation: Accept PCRB Report on Complaint #03-03. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Outdoor Service Area for MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. RES. 03-167, TO ISSUE DANCE PERMIT to MIP Lessee, LP, dba Sheraton Iowa City, 210 S. Dubuque St. Renewals: Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave. Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St. Special Class C Liquor License for OM, Inc., dba Masala, 9 S. Dubuque St. Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr. Class C Beer Permit for Antonio Pacheco dba El Paso the Mexican Store, 609 Hollywood Blvd. Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr. Motion: approve disbursements in the amount of $13,061,287.31 for the period of April 1 through April 30, 2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 03-168, SETTING A PUBLIC HEARING for June 24 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER Complete Description June 10, 2003 Page 2 NORTH COURT TRANE HVAC PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAiD HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the application of vinyl siding to a duplex at 815-17 S. Summit Street, which appeal was filed with the City Clerk on May 16, 2003 by applicant Frank Fleming. Setting a public hearing for June 23 on the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness for the enclosure of a sun porch at 520 Grant Street, which appeal was filed with the City Clerk on June 2, 2003 by applicants Connie Webb and Shelley Brighi. Resolutions: RES. 03-169, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM PEACEFUL FOOL RES. 03-170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2004 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. RES. 03-171, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM A & J MINI MART, INC. RES. 03-172, 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, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFI~. RES. 03-173, 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, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFI~. RES. 03-174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COMMERCIAL FEDERAL, IOWA FOR PROPERTY LOCATED AT 913 WEBSTER STREET, IOWA CITY, IOWA. RES. 03-175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO REHABILITATION AGREEMENTS, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR THE PROPERTY LOCATED 2119 EAST COURT STREET, IOWA CITY, IOWA. RES. 03-176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1311 FIRST AVENUE, IOWA CITY, IOWA. RES. 03-177, 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 1209 HIGHLAND AVENUE, IOWA CITY, IOWA. Correspondence: Cynthia Jones regarding Downtown. Abubaker Eikhalifa regarding Sudanese Community Member Applying for Job of City Engineer [staff response included]. John Maxwell regarding Homeless Shelter. Amy Correia (Housing & Community Development Commission) regarding Complete Description June 10, 2003 Page 3 National Housing Trust Fund Campaign. Nell Daniels regarding City Planning and Public Interest. Chad McGinnis regarding Noise Complaints - 637 S Lucas Ruling [staff response included]. Alan Ellis (Iowa City Municipal Airport) regarding Repayment of the Airport. Dave McLaughlin (Scott Manor Homeowners Association) regarding Mowing and Sidewalk Snow Removal. Jennifer Britton regarding Expansion of Shelter House. Barb Threlkeld regarding University Students. Budget: Amy Martin, Michael Wright, Helen Burford, Garry Klein, Jerry Hansen (Wetherby Friends and Neighbors), Brenda Leicht, Kelly Kadera Moloney, Dawn Willging, Joey Young, Dave Daniel, Valerie & David Bills, Jim Throgmorton (FAIR!), Bob Dostal, Bob Elliott, Lesley Morony, Rod Sullivan. Ana Rodriguez regarding School Civics Project [response from staff included] JCCOG Traffic Engineering Planner regarding Installation of a NO PARKING CORNER TO HERE Sign at the Intersection of Dover Street and Muscatine Avenue; Installation of Ali-Way Stop Control at the Intersections of Scott Boulevard/First Avenue and Scott Boulevard/Rochester Avenue. Correspondence included from Michael Crane and Brian Butler. Council Member Kanner noted the April 23 Library Board minutes reporting a request from the Police for a patron's records that was denied, and the Patriot Act implications; and accepting fines from Peaceful Fool and A & J Mini Mart for selling cigarettes to minors. 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 set a public hearing for June 24 on an ordinance amending the City Code Title 14, Chapter 6, entitled, "Zoning," Article G, entitled "Office and Research Park Zone (ORP)" and Article I, entitled "Provisional Uses, Special Exceptions, and Temporary Uses." 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 and Regulating Plan. No one appeared. A public hearing was held on an ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to PRM, Planned High Density Residential for property located on the east side of south Dubuque Street (Clark/400 South Dubuque Street) south of Court Street. The following individuals appeared: Atty. Joe Holland, representing the applicant; Richard Twohy, resident manager, presented a petition from 15 residents; Maxine Simon, resident; Jean Tack, resident; and Mark Pearson, resident. Acting PCD Director Davidson present for discussion. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Jean Tack, and Richard Twohy. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning 6.91 acres from Medium- Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single- Family (OSA-8)for a property located (Donahue)at 1515 North Dubuque Road. No one appeared. Moved by Pfab, seconded by O'Donnell, to accept correspondence from Richard Donahue. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning 6.91 acres from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-Family (OSA-8) for a property located at 1515 North Complete Description June 10, 2003 Page 4 Dubuque Road, be given first vote. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 6.92 acres from Interim Development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park (Highland Woods). No one appeared. Moved by Vanderhoef, seconded by Pfab, to accept correspondence from John Moreland, Jr. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance rezoning 6.92 acres from interim development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park (Highland Woods), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pfab, seconded by Champion, that the ordinance changing the zoning designation of 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried Moved by Wilburn, seconded by O'Donnell, that the ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public, CH-l, Highway Commercial, C1-1, Intensive 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, 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. 03-4083, COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT, 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 Wilburn, that ORD. 03-4084, VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET, 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 Champion, to defer to June 24 a resolution approving a final plat of Hollywood Manor, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Pfab, to adopt RES. 03-178, APPROVING A FINAL PLAT OF WINDSOR RIDGE, PART 18A, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. No action required regarding hearing and resolution assessing a civil penalty of $1,500.00 and a thirty (30) day retail cigarette permit suspension against A & J Mini Mart, Inc., pursuant to Iowa Code Section 453A.22(2). A hearing was held on a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. No one appeared. Moved by Complete Description June 10, 2003 Page 5 Vanderhoef, seconded by O'Donnell, to continue hearing to June 24. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 24 a resolution assessing a civil penalty of either thirty (30) day retail cigarette permit suspension or $1,500.00 against Deli Mart #2. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on 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. No one appeared. Moved by Pfab, seconded by Champion, to adopt RES. 03-179, 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. 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 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. No one appeared. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-180, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase the fine for parking tickets, increase monthly parking permit fees, and changing the parking ticket escalation, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, 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 second consideration and vote be waived, and that ORD. 03-4085, REPEALING CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS" OF TITLE 6, "PUBLIC HEALTH", OF THE CITY CODE, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance be adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Ordinance No. 00-3947, providing that general property taxes levied and collected each year on all property located within the amended Sycamore and First Avenue Urban Renewal Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and other taxing districts, be paid to a special fund Complete Description June 10, 2003 Page 6 for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Sycamore and First Avenue Urban Renewal Redevelopment Project, 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 O'Donnell, seconded by Vanderhoef, that the ordinance providing that general property taxes levied and collected each year on all property located within the Highway 6 Commercial Urban Renewal Project Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. Nays: Kanner, Pfab. Absent: None. Council Member Wilbum left the meeting due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-181, AWARDING $15,000 IN FUNDS TO UNITED ACTION FOR YOUTH FOR PRE- EMPLOYMENT AND EMPLOYMENT TRAINING FOR AT-RISK YOUTH. Individual Council Members expressed their views. Moved by Pfab, seconded by Kanner, to defer the resolution to June 23. The Mayor declared the motion defeated, 2/4. With the following division of voice vote: Ayes: Kanner, Pfab. Nays: Lehman, Champion, O'Donnell, Vanderhoef. Abstaining: Wilburn. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Champion, Lehman. Nays: Pfab, Kanner. Abstaining: Wilburn. Council Member Wilburn returned and stated his conflict of interest on the next item and left the room. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-182, APPROVING FUNDING FOR THE INSTITUTE FOR SOCIAL AND ECONOMIC DEVELOPMENT 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. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Vanderhoef, Champion, Kanner, Lehman, O'Donneil. Nays: Pfab. Abstaining: Wilburn. Council Member Wilburn returned to the meeting. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-183, INCRI:ASING BUILDING PI:RMIT FFFS FOR SERVICFS AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Sr. Building Inspector Hennes present for discussion. Moved by Kanner, seconded by Pfab, to amend the ordinance to retain the $35 fee for the first $1000 evaluation. Individual Council Members expressed their views. The Mayor declared the amendment carried, 6/1, with the following voice vote: Ayes: Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Lehman. Absent: None. 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 Pfab, to accept Complete Description June 10, 2003 Page 7 correspondence from Boyd Crosby. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 03-184, ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT. Individual Council Members expressed their view. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef. Nays: Pfab. Absent: None. Moved by Vanderhoef, seconded by Wilbum, to accept correspondence from M. Joan Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 03-185, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT to Metro Pavers, Inc. for $2,945,692.62. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-186, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN EARTH TECH, INC. OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT. City Engr. Fosse present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum, Champion. Nays: Kanner. Absent: None. Moved by Vanderhoef, seconded by Pfab, to adopt RES. 03-187, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFACING PROJECT to Cedar Valley Asphalt for $ 481,046.62. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-188, TO REMOVE BOARD MEMBER BEV SMITH FROM THE POLICE CITIZENS REVIEW BOARD DUE TO HER MISSING THREE CONSECUTIVE REGULAR MEETINGS ACCORDING TO THE CURRENT BY-LAWS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Champion, to adopt RES. 03-189, AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO CLARIFY THE ABSENCE POLICY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilbum, seconded by Pfab, to adopt RES. 03-190, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 183, AFL-CIO, TO BE EFFECTIVE JULY 1,2003, THROUGH JUNE 30, 2004. In response to Council Member Kanner, Asst. City Mgr. Helling reviewed provisions of the contract. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pfab, seconded by Vanderhoef, to adopt RES. 03-191, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE Complete Description June 10, 2003 Page 8 IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO LOCAL #610, TO BE EFFECTIVE JULY 1,2003 THROUGH JUNE 30, 2004. In response to Council Member Kanner, Asst. City Mgr. Helling reviewed provisions of the contract. 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 adopt RES. 03-192, ESTABLISHING A CLASSIFICATION / COMPENSATION PLAN FOR CONFIDENTIAL / ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY04. Moved by Kanner to offer an amendment that those making between $50,000 and under $70,000 get one half the rate of increase suggested and those getting $70,000 plus get no raises this year. The Mayor declared the motion dead for lack of a second. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Nays: Kanner. Absent: None. Council Member Wilburn left the meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Champion, to adopt RES. 03-193, REPEALING RESOLUTION 03-108 ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 5%. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Champion. Nays: Kanner, Pfab. Abstaining: Wilburn. Council Member Wilburn returned to the meeting. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-194, REPEALING RESOLUTION 03-109 ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2004, BY 10% FOR ALL EVENTS BUT JUST JAZZ. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. Nays: Kanner. Absent: None. Moved by Pfab, seconded by Vanderhoef, to grant a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-01. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the current vacancy: Library Board of Trustees for one vacancy to fill six-year terms July 1,2003 - July 1,2009. Correspondence included in Council packet. Applications must be received by 5:00 p.m., Wednesday, August 13. The Mayor noted the previously-announced vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board to fill 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. Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003. Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. Airport Zoning Commission for one appointment to fill an unexpired term ending December 31,2003. Staff will not publish additional notices after a Complete Description June 10, 2003 Page 9 period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. Historic Preservation Commission for one vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. Applications must be received by 5:00 p.m., Wednesday, July 9. Council Member O'Donnell acknowledged the efforts of those attending the wet and cold ICARE breakfast June 8. Mayor Pro tem Vanderhoef noted that with the breakfast was the major fundraiser of the year for ICARE and reminded those unable to attend to consider making a contribution. Council Member Wilburn thanked Table to Table and KCJJ for the money raised for the Crisis Center. Council Member Kanner noted an article in the National League of Cities newsletter regarding legal immigrants now being eligible for food stamps, and asked if there was a way of helping get the word out. The City Manager will follow up.; wished his friend Bob a speedy recovery; noted the car co-op meeting scheduled for June 16th and FAIR meeting on June 19th; and made some corrections to information being distributed by Mid-American on electricity and rates. Mayor Pro tem Vanderhoef reported on her recent attendance at the Transportation and Infrastructure Steering Committee (TIS) meeting for the National League of Cities. Mayor Lehman noted he had received a call questioning whether the City would be asking the Governor for their share of the recent gambling money. The City Manager stated he was not optimistic any additional monies would be allocated. City Atty. Dilkes reminded Council that housing inspection enforcement is not directed to be punitive, and Iowa City fines are lower than authorized by State Code. Moved by Pfab, seconded by O'Donnell, to adjourn special meeting at 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~ Ernest W. Lehman, yor Mar¥"ra~ K. Karr, City Cle~k Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office $56-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/19/03 Iowa City City Council Special meeting, 6:30 p.m., at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Moved and seconded that the ordinance 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, be given second vote. The Mayor declared the motion carried. Moved and seconded 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 at 130 North Dubuque Street, be given second vote. The Mayor declared the motion carried. Moved and Seconded 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 of property located at the southeast corner of Meadow Ridge Lane and North Dubuque Street, be given second vote. In response to Council, staff will provide a memo regarding options for the intersection. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Dean Spina, Amy Weiss. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting at 6:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Julie K. Vopadl, Deputy City Clerk Subm~ed for publication - 5/29/03. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/20/03 Iowa City City Council regular meeting, 7:00 p.m. at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed May as Free Lunch Program Month, Board Chair David Schuldt, accepting. 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 the special meeting of May 5 and the regular meeting of May 6, subject to corrections, as recommended by the City Clerk. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Historic Preservation Commission- April 10. Historic Preservation Commission - April 24. Iowa City Board of Adjustment - April 9. Iowa City Human Rights Commission - February 25. Planning and Zoning Commission: April 17. Police Citizens Review Board: April 9 Recommendations: Accept PCRB Report on Complaint #02-01; Accept PCRB Report on Complaint #02-02; Amend PCRB by-laws and refer to Rules Committee. Public Art Advisory Committee - April 3. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for China Moon, 1931 Broadway St. Renewals: Class C Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St. Class B Wine Permit for Dubuque Street HandiMart, 204 N. Dubuque St. Class C Liquor License for Colonial Lanes, 2253 Highway 218 South. Class C Beer Permit for Suburban AMOCO, 370 Scott Ct. Refund an unused portion of a Class C Liquor License for Adagio, 325 E. Washington St. Resolutions: RES. 03-145, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SIXTEEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-146, NAMING DEPOSITORIES. RES. 03-147, 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 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 03-148, 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 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 03-149, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 313 WOODSIDE DRIVE, IOWA CITY, IOWA. RES. 03-150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES Official Actions I~m-, 2003 Page 2 FOR THE PROPERTY LOCATED AT 913 NORTH GILBERT STREET, IOWA CITY, IOWA. Correspondence: Jong Ho Chung regarding Finkbine Golf Course. Doris Houser, Dorothy and Clarence Haverkamp, Judith Jensen, Edwin Barker, Joshua Schamberger, Charles Goldberg, Joe Jordison, Nila Haug, Steve Panther, Bruce Kinseth, Craig Simpson, Emily Deacon, Debbie Bullion, Laurie Calloway, Michael Welcher (2), Joyce and Phil Ropp, Jay LeaVesseur, Justine Zimmer, Elizabeth Aubrey, Mara McCann, John and Sandra Hudson (2), Steve Grismore, John Loomis, Mike Carberry, Deb Dunkhase and Fran Jensen, Astrid Bennett, Susan Boehlje, Patricia Forsythe, Kevin Boyd (2) regarding Budget. Jennifer Wilson regarding Transit. Roger Alberts regarding Senior Center. John Castle (Corps of Engineers) regarding Memorial Day Invitation. Caroline Dieterle regarding Patriot Act II. Garry Klein regarding Public Library Accessibility [Library Director response included as well as response from Mr. Klein to Library Director]. JCCOG Traffic Engineering Planner regarding Installation of Two TOW-AWAY ZONE Signs on the South Side of Iowa Avenue; Installation of a Bus Stop Sign on Court Street; Removal of Two NO PARKING 8 AM - 5 PM MONDAY - FRIDAY Signs and Installation of Two NO PARKING ANYTIME Signs on the North Side of Grove Street. Correspondence previously distributed: Budget: Terry Dunlap, Bonnie Love, Jonn Castagna, John and Sandra Hudson, Judy Pfohl, Charlie Funk and Joe Raso, John Loomis; Old Capitol Flag Raising: Jane Van Voohis The Mayor declared the motion carried. Bob Elliott, 1108 Dover St., and Karen Pease appeared regarding budget concerns. Charlie Major, 7 Blue Stem Ct., appeared regarding budget concerns and upgrading the Human Rights ordinance. Michelle Locher, Coralville, appeared regarding the Emma Goldman Clinic. Moved and seconded to set a public hearing for June 10 on an ordinance amending the Planned Development Housing Overlay (PDH-5) plan for the Peninsula Neighborhood located on Foster Road. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 10 on an ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to PRM, Planned High Density Residential for property located on the east side of South Dubuque Street south of Court Street. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 10 on an ordinance rezoning 6.91 acres from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-Family (OSA-8) and a preliminary and final plat of Donahue Subdivision a 6.91-acre, 2-lot, residential subdivision located at 1515 N. Dubuque Road. The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 10 on an ordinance rezoning 6.92 acres from Interim Development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-151, 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. Official Actions ~',~,~ ~.o Ma~6, 2003 .._.) Page 3 Moved and seconded to adopt RES. 03-152, APPROVING THE ANNEXATION OF 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. Moved and seconded that the ordinance changing the zoning designation of 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, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public; CH-l, Highway Commercial; C1-1, Intensive 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, be given first vote. The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 03-4074, 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, be passed and adopted. Moved and seconded that ORD. 03-4075, 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, be passed and adopted. Attorney Robert Downer appeared. Moved and seconded that ORD. 03-4076, 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, be passed and adopted. Council Member Vanderhoef left the meeting due to a conflict of interest on the next 'four items. Moved and seconded that ORD. 03-4077 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 passed and adopted. Moved and seconded that ORD. 03-4078 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 passed and adopted. Moved and seconded that ORD. 03-4079 CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC- 20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING Official Actions ~ 2003 Page 4 THE PROPERTY AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC LANDMARK, be passed and adopted. Moved and seconded that the ORD. 03-4080 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 passed and adopted. Council Member Vanderhoef returned to the meeting. Moved and seconded to defer to June 10 a resolution approving a final plat of Hollywood Manor, Part 8. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-154, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WINDY MEADOWS ADDITION, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 03-155, APPROVING THE AMENDED FINAL MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK ADDITION, PART 2, LOTS 4, 5, 6, 7, & 8, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-156, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT OF HEARING FROM THE AIRLINER. A hearing was held on a civil penalty of $1500.00 and a thirty (30) day retail cigarette permit suspension against A & J Mini Mart, Inc., pursuant to Iowa Code Section 453A.22(2). Moved and seconded to continue hearing to June 10. The Mayor declared the motion carried. Moved and seconded to defer to June 10 a resolution suspending retail cigarette permit ofA & J Mini Mart, Inc., for a period of thirty (30) days and assessing $1500.00 civil penalty. The Mayor declared the motion carried. Moved and seconded that the ordinance repealing Chapter 7, "Smoking in Food Establishments", of Title 6, "Public Health", of the City Code, be given first vote. Christopher Squire, 226 Magowan Ave., a member of the State Tobacco Commission, and Board of Directors of the Midwest Division of American Cancer Society appeared. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-157, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR. Moved and seconded, that the ordinance amending ordinance No. 00-3947, providing that general property taxes levied and collected each year on all property located within the amended Sycamore and First Avenue Urban Renewal Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Sycamore and First Avenue Urban Renewal Redevelopment project, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-158, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT OR A Official Actions IVlay~, 2003 Page 5 COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN THEREFOR. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Highway 6 Commercial Urban Renewal Project area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 03-4082, ,~MENDING 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 passed and adopted. The following individuals appeared: Karen Pease; Mark Danielson, Iowa City Apartment Association; Anna Buss, 830 Miller Ave, property manager and landlord; Charlie Major, 7 Blue Stem Ct. Moved and seconded to accept correspondence from Edwin Barker. The Mayor declared the motion carried. Moved and seconded to adopt RES. 03-159, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING PROJECT. Moved and seconded to adopt RES. 03-160, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRE STATION #4 BUILDING PROJECT. Moved and seconded to adopt RES. 03-161, AWARDING CONTRACT FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. Council Member Wilburn left the meeting due to a conflict of interest. Moved and seconded to adopt RES. 03-162, APPROVING LOAN TERMS FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT- ECONOMIC DEVELOPMENT FUND. Council Member Wilburn returned to the meeting. Moved and seconded to adopt RES. 03-163 APPROVING THE PROPERTY TAX EXEMPTION APPLICATION FOR PROPERTY LOCATED AT 124 E. WASHINGTON STREET, IOWA CITY, IOWA. Moved and seconded to adopt RES. 03-164, APPROVING THE FA(~ADE RECONSTRUCTION OF 124 E. WASHINGTON STREET, ZEPHYRS COPIES. Moved and seconded to adopt RES. 03-165, AMENDING THE DESIGN OF THE EXTERIOR SIGNAGE FOR "THE CORE" AND "WEST CORE" LOCATED AT 1555 FIRST AVENUE. Moved and seconded to adopt RES. 03-166, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS Official Actions Ma~6, 2003 Page 6 ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1,2003, THROUGH JUNE 30, 2004. Moved and seconded to make the following appointments to committee, boards and commissions: reappoint Council Member Mike O'Donnell to the SEATS Paratransit Advisory Committee vacancy for a two-year term ending June 30, 2005; reappoint Linda Dellsperger, 227 Magowan Avenue, and Shaner Magalhaes, 2139 Abbey Lane, and appoint Thomas Dean, 3223 Shamrock Drive, to the Library Board of Trustees for three appointments to fill six-year terms July 1, 2003 - July 1,2009; and appoint Brett Custillo, 613 E. Court Street, Apt. 1, to the Telecommunications Commission to fill an unexpired term ending March 13, 2004. The Mayor declared the motion carried. The Mayor announced there were no applications for the following vacancies and they would be readvertised: Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003; Airport Zoning Commission for one appointment to fill an unexpired term ending December 31, 2003; Historic Preservation Commission for one appointment for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. The Mayor noted the previously-announced vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board to fill 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. Moved and seconded to adjourn regular meeting at 8:58 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/Julie° K. Voparil, Deputy City Clerk Submitted for publication - 5/29/03. City of Iowa City MEMORANDUM Date: June 3, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Special Council Work Session, May 12, 2003, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, O'Malley, Herring, Craig, Mansfield, Winkelhake, Karr Tapes: 03-41, Side 2; 03-44, Both Sides; 03-45, Side 1 (A complete transcription is available in the City Clerk's Office) BUDGET REDUCTION PLAN .(IP2 of 5/8 Information Packet) The City Manager reviewed his May 6 memo. Atkins reminded Council of the decision to change from an enterprise fund and incorporate transit into the general fund has netted the City an additional $100,000 in state and federal assistance for the transit system for the coming year and therefore, item #18 - elimination of Saturday Bus Service, was off the table. He noted that the City could not reduce transit without reducing the transit levy. Atkins stated the additional money was available for only one year, and staff may be back to discuss the transit matters again. Atkins said that the removal of that item from his budget reduction plan left $180,000 to make up some place else. Council reviewed the chad "Budget Reduction and Revenue Proposals" contained in the May 6 City Manager memo as follows: 1. Reduction of Associate Planner - agreed 2. Elimination of neighborhood newsletters - requested more information 3. Eliminate PIN Grants - requested more information 4. Reduce contribution by 10% to ICAD - agreed 5. Reduce library printing and postage - agreed 6. Reduce library materials - agreed 7. Eliminate one library FTE position - agreed 8. Increase library fines and fees - agreed 9. Library commercial space to leased & rental income to general fund - agreed 10. Eliminate library parking reimbursement - agreed 11. Reduce Police officers by 5 - agreed 12. Eliminate 2 FTE IN Parks & Recreation - agreed (Wilburn left room due to a conflict of interest) 13(a) Reduce Aid to Agencies by 10% - requested more information (Wilburn returned to room) 13(b) Reduce Community Event Programming (not including Just Jazz) 10% - agreed 14. Reduce 2 1/2 FTE's in Public Works, Engineering or related staff- agreed Council Work Session May 12, 2003 Page 2 15. Reduce 2/2 FTE's in Finance and General Administration - agreed 16. Charge Housing Authority for administrative time - agreed 17. Fully fund Housing Inspection Division by fee revenue - requested more information 18. Off the table (see opening remarks) 19. Reduce advertising budget for Transit - requested more information 20. Charge 25 cents for Downtown Shuttle - requested more information 21. Re-do employee training and education policies - requested more information 22. Increase building inspection fees -agreed 23. Eliminate Saturday Just Jazz for FY05 (fund in FY04) - agreed 24. Reduce Parkland Acquisition Fund - agreed 25. Increase parking violation to $5 - agreed 26. Reduce Hotel Tax contribution to CVB - requested more information 27. Eliminate Public Power Study - requested more information 28. Increase cable revenues paid to General Fund - requested more information 29. Reduce Fire staff from 59 to 55 - agreed 30. Good bids, mild weather fund - agreed Council agreed to cancel the special work session scheduled for Tuesday, May 13; scheduled further discussion of the budget reduction plan for Monday, May 19, at 5:30 (prior to regular work session); not to consider a wage freeze for administrative employees; and asked staff to schedule one hour budget summary at the beginning of each work session until the plan is finalized. STAFF ACTION: City Manager will provide more information on the items requested prior to additional discussion May 19. A memo updating the chart was provided to Council in their May 15 information packet. (Atkins) Meeting adjourned 9:05 PM. City of Iowa City MEMORANDUM Date: May 19, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 19, 2003, 5:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn, Pfab (arrived 6:18) Staff: Atkins, Helling, Dilkes, Voparil, Herting, Lewis, Fowler, Boothroy, Cate, Tapes: 03-45, Side 2; 03-46, Side 1 (A complete transcription is available in the City Clerk's Office) Housing and Inspection Services Director introduced the City's new Housing Administrator Steven Rackis. BUDGET REDUCTION PLAN (IP1 of 5/15 Information Packet) City Manager Atkins reported that the Governor has not yet signed budget legislation, adding the legislature has been called back to special session on May 29. Atkins noted the review of previous budget discussions distributed in the 5/15 information packets. Council continued discussion of charted items that had been pending from their May 12 meeting as follows: 2. Eliminate neighborhood newsletters - no action 3. Eliminate PIN Grants - no action 13(a) Reduce Aid to Agencies by 10% - Agreed to 5% 17. Fully fund Housing Inspection Services by fee revenue - agreed to option #1 City Manager Atkins noted a separate chart had been prepared (IP7 of 5/15 Information Packet) and clarified option #1 was pay as you go, no additional staff; while option #2 was pay as you go and adding one inspector. HIS Director Boothroy and Sr. Housing Inspector Cate present for discussion. 19. Reduce advertising budget for Transit - off the table 20. Charge 25 cent fare for Downtown Shuttle - requested more information Parking & Transit Director Fowler present for discussion. 21. Re-do employee training and education policies - agreed 26. Reduce Hotel Tax for CVB - agreed to 22.5% ($16,250) CVB Director Josh Schamberger present for discussion. 27. Eliminate Public Power Study - agreed Council Work Session May 19, 2003 Page 2 28. Increase cable revenues paid to General Fund - agreed The City Manager reviewed the parking increases as outlined in memos from Parking & Transit Director Fowler and Parking Manager O'Brien (IP2, 3, 4, 5 of 5/15 information packet). Council directed staff to prepare ordinances for Council consideration, and schedule another one hour budget session for 5:30 on June 9 prior to the regular work session. STAFF ACTION: City Manager will provide more information on the items requested prior to additional discussion June 9. A memo updating the chart was provided to Council in their May 29 information packet. Parking increase ordinances being prepared for June 10 agenda. (Atkins) Meeting adjourned §:30 PM. City of Iowa City MEMORANDUM Date: May 19, 2003 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 19, 2003, 6:58 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, Pfab, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Voparil, Franklin Tapes: 03-48, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (PDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD LOCATED ON FOSTER ROAD. (REZ03-00016) B. SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH DUBUQUE STREET SOUTH OF COURT STREET. (Clark/REZ03- 00012) C. SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO SENSITIVE AREAS OVERLAY MEDIUM- DENSITY SINGLE-FAMILY (OSA-8) AND A PRELIMINARY AND FINAL PLAT OF DONAHUE SUBDIVISION A 6.91-ACRE, 2-LOT, RESIDENTIAL SUBDIVISION LOCATED AT 1515 N. DUBUQUE ROAD. (REZ03-00010/SUB03-00002) D. SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE-FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE SOUTH OF SCOTT PARK. (Weiler/RE. Z03-00014/SUB03-00013) E. 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. F. 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. (ANN03100001, ANN01-00004) Council Work Session May 19, 2003 Page 2 Council requested a memo regarding the amount spend on property acquisition for the Mormon Trek extended project, and what the Federal monies had been committed to the project; and directed staff to amend the resolution to provide the tax transition applicable to both property owners. G. ORDINANCE CHANGING THE ZONING DESIGNATION OF 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. (Dane/REX01-00017) (FIRST CONSIDERATION) H. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH~ C2, R1A, RS & A1 TO P, PUBLIC, CH-l, HIGHWAY COMMERCIAL, C1-1, INTENSIVE 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. (REZ03-00013) (FIRST CONSIDERATION) I. ORDINANCE COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT. (REZ03-00004) (SECOND CONSIDERATION) J. 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. (REX03-00006) (PASS AND ADOPT) K. ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-S, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET (HanicldREZ02-0002'l) (PASS AND ADOPT L 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.t2 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET. (Pine RidgelREZ03- 00009) (PASS AND ADOPT) In response to Council Member Pfab, Franklin stated the objections did not reach the required 20% in time to require an extra ordinary vote of Council. M. 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 (REZ03-00005) (PASS AND ADOPT) N. 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. (REZ03-00001) (PASS AND ADOPT) Council Work Session May 19,2003 Page 3 O. ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHPIRNC-20), DESIGNATING THE PROPERTY AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ03-O0002) (PASS AND ADOPT) P. 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. (REZ03-00003) (PASS AND ADOPT) O. RESOLUTION APPROVING A FINAL PLAT OF HOLLYWOOD MANOR, PART 8. (SUB03- 00012) R. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WINDY MEADOWS ADDITION, JOHNSON COUNTY, IOWA. (SUB03-00010) S. RESOLUTION APPROVING THE AMENDED FINAL MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK ADDIDTION, PART 2, LOTS 4, 5, 6, 7, & 8, IOWA CITY, IOWA. (SUB03- 00015) AGENDA ITEMS 1. (Agenda items concerning civil penalty ... retail cigarette permit ... #5 - Airliner and #6 A & J Mini Mart) In response to Mayor Lehman, City Atty. Dilkes explained the procedure was the same as what the Council had done in the past but the penalties have changed as a result of State Code changes. She explained that the Airliner (#5) is their choice of the fine or suspension; while A & J Mini Mart (fl~) is a third violation and it is an automatic suspension and fine. 2. (Agenda item #7 - ordinance repealing .. Smoking in Food Establishments ...) In response to Mayor Pro tem Vanderhoef, the City Attorney stated she felt the ordinance should be repealed as a result of the Iowa Supreme Court ruling, and was not unaware of any procedure for suspension of an ordinance 3. (Consent Calendar #2b - Police Citizens Review Board Minutes of April 9) In response to Council Member Kanner, the City Manager stated he would prepare a response to issues concerning arrestees in handcuffs noted in case number 02-01. 4. Council Member Kanner noted a request for expanded bus service to the outskirts of the City, and suggested a transpor[ation fee for each development to provide service sooner. City Atty. Dilkes stated that given the Supreme Court's recent ruling on park impact fees it would be difficult. There was not a majority to discuss the matter COUNCIL TIME 1. (IP19 of 5/15 Information Packet - FY2003 Budget to Actual ... ) Council Member Kanner noted appreciation for the reports and questioned a time staff would be available for Council questions. The City Manager stated Council Members should contact him directly with Council Work Session May 19,2003 Page 4 questions. Council Member Kanner stated his interest in using anticipated revenues in the landfill enterprise fund to more plastic recycling and/or experiment with recycling in private apartment buildings. Vanderhoef questioned quarterly payments for the parking contrac~ with the hotel. Council requested an update on the landfill, and then after review would decide whether they need to discuss it further. 2. Mayor Pro tern Vanderhoef asked for information on storm water utility charges. The City Atty. stated staff was researching putting a system in place to determine how we can equitably charge, and what we determine the costs are we want to recover from the storm water utility. The city Manager stated City Engr. Fosse is working on the issue as well and will provide information. COUNCIL APPOINTMENTS SEATS Paratransit Advisory Committee - reappoint Council Member O'Donnell Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Historic Preservation Commission ~ no applicants, readvertise Library Board of Trustees - reappoint Linda Dellsperger and Shaner Magalhaes; appoint Thomas Dean Telecommunications Commission - Brett Custillo PROPOSED ALCOHOL COMMITrEE (IP9 of 5/15 Information Packet) After discussion Council agreed to schedule two issues for upcoming work sessions. 1. Receive input from the City Attorney's Office and Police Department on criteria to evaluate the 19 ordinance recently adopted. Measurement suggested by staff and approved/accepted by Council. 2. Discussions with Student Senate and bar owners on formulation of a task force to facilitate ways to educate and put into practice. City Attorney and Police will provide input on first item. The Mayor will contact Student Senate for scheduling of second item. Meeting adjourned 8:00 PM. 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 MAY 19, 2003 Iowa City City Council Special meeting, 6:30 p.m., at the Civic Center. Mayor Lehman presiding. Council Members present: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Voparil, Franklin. Council minutes tape recorded on Tape 03-46, Side 1. Moved by O'Donnell, seconded by Vanderhoef, that 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Pfab, 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 at 130 North Dubuque Street, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by 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 of property located at the southeast corner of Meadow Ridge Lane and North Dubuque Street, be given second vote. Individual Council Members expressed their views. In response to Council, staff will provide a memo regarding options for the intersection. 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. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Dean Spina, Amy Weiss. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adjourn special meeting at 6:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Julie Voparil, Deputy City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 20, 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, Voparil, Franklin, Boothroy, Nasby. Council minutes tape recorded on Tape 03-47, Side 2; Tape 03-50, Sides 1 & 2. The Mayor proclaimed May as Free Lunch Program Month, Board Chair David Schuldt, 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: Approval of Official Council Actions for the special meeting of May 5 and the regular meeting of May 6, subject to corrections, as recommended by the City Clerk. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Historic Preservation Commission - April 10. Historic Preservation Commission - April 24. Iowa City Board of Adjustment - April 9. Iowa City Human Rights Commission - February 25. Planning and Zoning Commission: April 17. Police Citizens Review Board: April 9 Recommendations: Accept PCRB Report on Complaint #02-01; Accept PCRB Report on Complaint #02-02; Amend PCRB by-laws and refer to Rules Committee. Public Art Advisory Committee - April 3. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Mei Hui Lin dba China Moon, 1931 Broadway St. Renewals: Class C Beer Permit for Nordstrom Oil Company, dba Dubuque Street HandiMart, 204 N. Dubuque St. Class B Wine Permit for Nordstrom Oil Company, dba Dubuque Street HandiMart, 204 N. Dubuque St. Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 South. Class C Beer Permit for Suburban Investors, LC, dba Suburban AMOCO, 370 Scott Ct. Refund an unused portion of a Class C Liquor License for Devotay, Inc., dba Adagio, 325 E. Washington St. Resolutions: RES. 03-145, ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SIXTEEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 03-146, NAMING DEPOSITORIES. RES. 03-147, 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 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 03-148, 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 1664 DICKENSON LANE, IOWA CITY, IOWA. RES. 03-149, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR Complete Description ~ '~,~ May-0-, 2003 Page 2 THE PROPERTY LOCATED 313 WOODSIDE DRIVE, IOWA CITY, IOWA. RES. 03-150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 913 NORTH GILBERT STREET, IOWA CITY, IOWA. Correspondence: Jong Ho Chung regarding Finkbine Golf Course. Doris Houser, Dorothy and Clarence Haverkamp, Judith Jensen, Edwin Barker, Joshua Schamberger, Charles Goldberg, Joe Jordison, Nila Haug, Steve Panther, Bruce Kinseth, Craig Simpson, Emily Deacon, Debbie Bullion, Laurie Calloway, Michael Welcher (2), Joyce and Phil Ropp, Jay LeaVesseur, Justine Zimmer, Elizabeth Aubrey, Mara McCann, John and Sandra Hudson (2), Steve Grismore, John Loomis, Mike Carberry, Deb Dunkhase and Fran Jensen, Astrid Bennett, Susan Boehlje, Patricia Forsythe, Kevin Boyd (2) regarding Budget. Jennifer Wilson regarding Transit. Roger Alberts regarding Senior Center. John Castle (Corps of Engineers) regarding Memorial Day Invitation. Caroline Dieterle regarding Patriot Act II. Garry Klein regarding Public Library Accessibility [Library Director response included as well as response from Mr. Klein to Library Director]. JCCOG Traffic Engineering Planner regarding Installation of Two TOW-AWAY ZONE Signs on the South Side of Iowa Avenue; Installation of a Bus Stop Sign on Court Street; Removal of Two NO PARKING 8 AM - 5 PM MONDAY - FRIDAY Signs and Installation of Two NO PARKING ANYTIME Signs on the North Side of Grove Street. Correspondence previously distributed: Budget: Terry Dunlap, Bonnie Love, Jonn Castagna, John and Sandra Hudson, Judy Pfohl, Charlie Funk and Joe Paso, John Loomis; Old Capitol Flag Raising: Jane Van Voohis Council Member Kanner noted that item number 2b(6) PCRB minutes regarding unsustained complaints concerning arrestees in handcuffs would be followed up with a response from City Manager; and referenced letter from Garry Klein, item 2e(7) dealing with problems with the temporary location of new entryway; staff is working on issues. Affirmative roll call vote unanimous, 7/0, all Council Member present. The Mayor declared the motion carried. Bob Elliott, 1108 Dover St., and Karen Pease appeared regarding budget concerns. Charlie Major, 7 Blue Stem Ct., appeared regarding budget concerns and upgrading the Human Rights ordinance. Michelle Locher, Coralville, appeared regarding the Emma Goldman Clinic. Moved by Wilbum, seconded by Champion, to set a public hearing for June 10 on an ordinance amending the Planned Development Housing Overlay (PDH-5) plan for the Peninsula Neighborhood located on Foster Road. 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 June 10 on an ordinance changing the zoning designation of approximately 1.1 acres from CB-2, Central Business District Service, to RRM, Planned High Density Residential for property located on the east side of South Dubuque Street south of Court Street (Clark). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Pfab, to set a public hearing for June 10 on an ordinance rezoning 6.91 acres from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-Family (OSA-8) and a preliminary and final plat of Donahue Subdivision a 6.91-acre, 2-lot, residential subdivision located at 1515 N. Dubuque Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description ~:~lvte~6,2003 Page 3 Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for June 10 on an ordinance rezoning 6.92 acres from Interim Development (ID-RS) to Low Density Single-Family (RS-5) for property located west of Cumberland Lane south of Scott Park (Weiler). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-151, 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. 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. 03-152, APPROVING THE ANNEXATION OF 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. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Pfab, Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, that the ordinance changing the zoning designation of 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS & A1 to P, Public; CH-l, Highway Commercial; C1-1, Intensive 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, 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 Vanderhoef, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 03-407'4, 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, 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 Vanderhoef, that ORD. 03-4075, CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET (Hanick), be passed and adopted. Attorney Robert Downer appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Complete Description ~,~ ,~ok, l~m~, 2003 "~ Page 4 Moved by Champion, seconded by Vanderhoef, that ORD. 03-4076, 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, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion, Kanner. Nays: Pfab. Absent: None. Council Member Vanderhoef left the meeting due to a conflict of interest on the next four items. Moved by Champion, seconded by O'Donnell, that ORD. 03-4077 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, that ORD. 03-4078 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the ordinance adopted. Moved by Pfab, seconded by Champion, that ORD. 03-4079 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, that the ORD. 03-4080 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the ordinance adopted. Council Member Vanderhoef returned to the meeting. Moved by O'Donnell, seconded by Wilburn, to defer to June 10 a resolution approving a final plat of Hollywood Manor, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Pfab, seconded by Champion, to adopt RES. 03-154, APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WINDY MEADOWS ADDITION, JOHNSON COUNTY, IOWA. 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. 03-155, APPROVING THE AMENDED FINAL MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK ADDITION, PART 2, LOTS 4, 5, 6, 7, & 8, IOWA CITY, IOWA. Complete Description '~o,,~-~ May~, 2003 '~' Page 5 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 adopt RES. 03-156, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT OF HEARING FROM THE AIRLINER. City Attorney Dilkes stated waiver has been accepted and they have acknowledged their civil penalty. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a civil penalty of $1500.00 and a thirty (30) day retail cigarette permit suspension against A & J Mini Mart, Inc., pursuant to Iowa Code Section 453A.22(2). Moved by O'Donnell, seconded by Champion to continue hearing to June 10. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to defer to June 10 a resolution suspending retail cigarette permit ofA & J Mini Mart, Inc., for a period of thirty (30) days and assessing $1500.00 civil penalty. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance repealing Chapter 7, "Smoking in Food Establishments", of Title 6, "Public Health", of the City Code, be given first vote. Christopher Squire, 226 Magowan Ave., a member of the State Tobacco Commission, and Board of Directors of the Midwest Division of American Cancer Society appeared. Individual Council Members expressed their views Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 03-157, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. Nays: Kanner. Absent: None. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending ordinance No. 00-3947, providing that general property taxes levied and collected each year on all property located within the amended Sycamore and First Avenue Urban Renewal Area of the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Sycamore and First Avenue Urban Renewal Redevelopment project, be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Wilbum, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. Nays: Kanner. Absent: None. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-158, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT ORA COMBINATION THEREOF, OF SUCH AREA IS Complete Description M~Y~6, 2003 Page 6 NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN THEREFOR. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. Nays: Kanner, Pfab. Absent: None. Moved by Champion, seconded by O'Donnell, that the ordinance providing that general property taxes levied and collected each year on all property located within the Highway 6 Commercial Urban Renewal Project area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Vanderhoef, Wilbum, Champion. Nays: Kanner, Pfab. Absent: None. Moved by O'Donnell, seconded by Champion, that ORD. 03-4082, 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 passed and adopted. The following individuals appeared: Karen Pease; Mark Danielson, Iowa City Apartment Association; Anna Buss, 830 Miller Ave, property manager and landlord; Charlie Major, 7 Blue Stem Ct. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Pfab, Vanderhoef, Champion. Nays: Kanner, Wilburn. Absent: None. Moved by O'Donnell, seconded by Pfab, to accept correspondence from Edwin Barker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-159, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING PROJECT to All American Concrete, Inc. for $94,300.95. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, to adopt RES. 03-160, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRE STATION #4 BUILDING PROJECT. 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 Wilburn, seconded by O'Donnell, to adopt RES. 03-161 AWARDING CONTRACT FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE to All American Concrete for $52,241.00. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description mo l~fi~,2003 Page 7 Council Member Wilbum left the meeting due to a conflict of interest. Moved by Vanderhoef, seconded by O'Dennell to adopt RES. 03-162, APPROVING LOAN TERMS FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND. Economic Development Coordinator Nasby present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/0, Wilbum abstaining. The Mayor declared the resolution adopted. Council Member Wilbum returned to the meeting. Moved by Champion, seconded by O'Donnell, to adopt RES. 03-163 APPROVING THE PROPERTY TAX EXEMPTION APPLICATION FOR PROPERTY LOCATED AT 124 E. WASHINGTON STREET, IOWA CITY, IOWA. Individual Council Members expressed their views. Economic Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 03-164, APPROVING THE FACADE RECONSTRUCTION OF 124 E. WASHINGTON STREET, ZEPHYRS COPIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 03-165, AMENDING THE DESIGN OF THE EXTERIOR SIGNAGE FOR "THE CORE" AND "WEST CORE" LOCATED AT 1555 FIRST AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Pfab, to adopt RES. 03-166, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1,2003, THROUGH JUNE 30, 2004. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Pfab, to make the following appointments to committee, boards and commissions: reappoint Council Member Mike O'Donnell to the SEATS Paratransit Advisory Committee vacancy for a two-year term ending June 30, 2005; reappoint Linda Dellsperger, 227 Magowan Avenue, and Shaner Magalhaes, 2139 Abbey Lane, and appoint Thomas Dean, 3223 Shamrock Drive, to the Library Board of Trustees for three appointments to fill six-year terms July 1, 2003 - July 1, 2009; and appoint Brett Custillo, 613 E. Court Street, Apt. 1, to the Telecommunications Commission to fill an unexpired term ending March 13, 2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced there were no applications for the following vacancies and they would be readvertised: Airport Zoning Board of Adjustment for one appointment to fill an unexpired term ending December 31,2003; Airport Zoning Commission for one appointment to fill an unexpired term ending December 31, 2003; Historic Preservation Commission for one appointment for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. The Mayor noted the previously-announced vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. Police Citizens Review Board to fill 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 Complete Description M~y 6, 2003 ~j~o Page 8 officer as that term is defined by State law. Applications must be received by 5:00 p.m., Wednesday, June 18. Council Member Wilburn thanked Free Lunch Program for coming out to recent Crisis Center event. Council Member Kanner thanked the Free Lunch Program; announced the formulation of the Iowa City Bill of Rights Defense Committee and stated they would be meeting at the Iowa City Public Library on May 28; reported that Arcadia, California, passed a strong Anti-Patriot Act resolution; stated Iowa City was ranked by the AARP as the #12 place for seniors to retire; and thanked Robert Henry, President of International Association of Firefighters, for his memo to the City Manager regarding firefighters staff cuts and encouraged others with concerns to come forward. In response to Council Member Kanner, the City Manager stated he would be responding to the allegations made concerning the National Fire Protection Association standard 1710, and would copy Council on his response. Mayor Lehman stated his concerns over the budget cuts; and stated that with Memorial Day coming up he hoped individuals would be attending special services commemorating holiday taking place in Iowa City area. City Manager Atkins expressed his concerns regarding personnel cuts as a result of budget constraints, noting the cuts affect more than just fire and police personnel. Moved by O'Donnell, seconded by Wilburn, to adjourn regular meeting at 8:58 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Julie K. Voparil, Deputy City Clerk