HomeMy WebLinkAbout2002-05-21 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
City Council Agenda
Regular Formal c,~o~ ~ow^ c,T~
May 21, 2002 - 7:00 p.m.
Civic Center- Harvat Hall
410 E. Washington Street www.icgov.org
ITEM NO. 1. CALL TO ORDER. ,
ROLL CALL.
ITEM NO. 2. OUTSTANDING STUDENTS.
a. Lemme Elementary: Katherine Bird, Martin Fox
b. Longfellow Elementary: Kendra Halter, Janna Ozzello, April Ramsey
ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
a. Approval of Official Council Actions for special meeting May 6, regular
meeting of May 7, special meeting of May 9, as published, subject to
corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions. (1) Iowa City Airport Commission: April 16
(2) Iowa City Airport Commission: April 25
(3) Iowa City Board of Adjustment: April 9
Recommendation to Council: Approve amendment of procedural
rules setting a more specific time limitation. This matter is to be
forwarded to the Council Rules Committee for review.
(4) Iowa City Board of Appeals: April 15
(5) Iowa City Civil Service Commission: May 1
Recommendation to Council: Accept the hiring list for the position
of Police Officer.
(6) Parks and Recreation Commission: April 10
c.Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals.
(1)Class C Liquor License for Linn Street Caf6, Inc., dba Linn Street
Caf&, 121 N. Linn St.
(2)Class B Wine Permit for Linn Street Caf6, Inc., dba Linn Street
Caf6, 121 N. Linn St.
(3)Class C Liquor License for Quzer Inc., dba Shakespeare's, 819 S.
First Ave.
(4)Class C Liquor License for Pershell Corp., dba Colonial Lanes,
2253 Highway 218 South.
(5) Class C Beer Permit for Nordstrom Oil Co., dba Dubuque Street
HandiMart, 204 N. Dubuque St.
May 21, 2002 City of Iowa City Parle 2 ,
(6) Class C Liquor License for Fitzpatrick's Alehouse, Inc., dba
Fitzpatrick's Alehouse, Inc., 525 S. Gilbert St.
(7) Outdoor Service Area for Fitzpatrick's Ale house, Inc., dba
Fitzpatrick's Alehouse, Inc., 525 S. Gilbert St.
d. Setting Public Hearings.
O~- l "1"~ (1) CONSIDER A RESOLUTION SETTING A PUBLIC
HEARING FOR JUNE 11 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE FIRE STATION 3
ADDITION AND RENOVATION PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will involve expanding an outlying fire
station located at 201 Lower Muscatine Road. The expansion will
contain shower and toilet facilities, a workout space, storage, and
private dormitory areas.
o~ - I '7 ~ (2) CONSIDER A RESOLUTION SETrING A PUBLIC
HEARING FOR JUNE 11 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY LANDFILL FY02 CELL
CONSTRUCTION PROJECT, DIRECTING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will include constructing an additional cell
on the west half of the landfill. This new cell will be constructed in
accordance with all federal and state regulations.
(3) CONSIDER A RESOLUTION OF INTENT TO CONVEY A
SINGLE-FAMILY HOME LOCATED AT 1821 B STREET AND
SETrING A PUBLIC HEARING FOR JUNE 11, 2002.
Comment: The Iowa City Housing Authority proposes to sell 1821
B Street. The amount of the sale will be for the appraised value of
the home. The City will be providing a second mortgage to ensure
the affordability of this house. This house is a Universal Design
house which is an accessible and barrier-free design that meets
the needs of everyone notwithstanding their age, size, ability or
disability throughout their life span. The Extend A Dream
Foundation has offered to purchase the home for two Iow-income
individuals who can immediately benefit from the design features
of this house. The amount of the appraisal will be provided to
Council prior to their Tuesday Formal consideration.
May 21, 2002 City of Iowa city Parle 3
O~-I~'D (4) CONSIDER A RESOLUTION OF INTENT TO APPROVE A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT
1-C IN TOWER PLACE AND PARKING AND TO DISPOSE OF
UNIT 1-C IN ACCORDANCE HEREWITH, AND SE'I-rING A
PUBLIC HEARING FOR JUNE 11, 2002.
Comment: Tower Place and Parking includes commercial space
which has been marketed for sale to the general public. The City
has negotiated a real estate contract - installments with United
Action for Youth which requires City Council approval. This
resolution declares City Council's intent to approve of the contract
and sets a public hearing for June 11, 2002. Staff memorandum
included in Council packet.
e. Resolutions.
c~- !~1 (1) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF
$300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING
FROM ATLAS WORLD GRILL, 127 IOWA AVENUE, IOWA CITY,
PURSUANT TO IOWA CODE SECTION 453A.22(2) (2001).
Comment: This Resolution accepts payment of a $300.00 civil
penalty, authorized by Iowa Code section 453A.22(2), from Atlas
World Grill, 127 Iowa Avenue, Iowa City. Section 453A.22(2)
provides that a $300.00 civil penalty will be assessed to a retail
cigarette permit holder when and if that permit holder's employee is
convicted of or pleads guilty to selling or providing tobacco to a
minor. By making this payment and signing the appropriate waiver,
Atlas World Grill, waives its statutory right to have a hearing on
whether the civil penalty should be assessed.
f. Correspondence.
(1) Anthony Christner: Northside Marketplace Streetscape
(2) Mark Anderson (Airport Commission): Airport Support
(3) John Castle (Dept of the Army): Memorial Day
(4) Robert and Dara Dick: Unleashed Dogs in Hickory Hill Park
(5) James Peterson and Cynthia Parsons (Apehouse, LC):
Timeline for 341 N Riverside Drive Rezoning
(6)Harold Stager: First Avenue Opening
(7) Joan Jehle (Friends of Hickory Hill Park): Acceptance of Park
Land
(8) Mary Hitchcock: National Mayors' Conference
(9) Matthew Corbet: Public Power Initiative
(10)Sara Sizemore: Ordinances
(11) Robed Burns (Emerson Point Limited Partnership): Enterprise
Zone
(12) Tom Clancy, Barb Schaufenbuel, Victoria Thiede-Knipper (Mercy
Hospital): Enterprise Zone for Emerson Point
(13) Teresa Kelly (The Heritage Agency): Enterprise Zone for
Emerson Point
(14) Carla Berg Pope (Affordable Assisted Living Coordinator- State
of Iowa): Enterprise Zone for Emerson Point
Ma~/ 21, 2002 City of Iowa City Pa~e 4
(15) JCCOG Traffic Engineering Planner:
· Installation of Two Handicap Parking Spaces at the Iowa
City Landfill Parking Lot and Two NO PARKING IN
AISLE; TOW AWAY Signs
· Installation of NO PARKING ANYTIME Signs on the West
Side of Reno Street North of Ronalds Street
· Remove 2 a.m. to 6 a.m. Parking Prohibition on the North
Side of the 400 Block of East Washington Street
.:5 Installation of Two Speed Limit Signs on Ruppert Road
END OF CONSENT CALENDAR.
ITEM NO. 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Public Discussion will be continued, if necessary, prior to "City Council
Information" item.
ITEM NO. 5. PLANNING AND ZONING MATTERS.
a. Consider a motion setting a public hearing for June 11 on an
ordinance amending the Sensitive Areas Ordinance to regulate
isolated wetlands.
Comment: At its May 2 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of the proposed
amendments. If approved, the Sensitive Areas Ordinance as amended
would regulate isolated wetlands in a manner consistent with
regulation before the decision of the U.S. Supreme Court in Solid
Waste Agency of Northern Cook County v. U.S. Army Corps of
Engineers in January 2001. Staff memorandum included in Council
packet.
Action: "k,~..~,._~ O' ~.-~_ Q
\ --
b. Consider a motion setting a public hearing for June 11 on an
ordinance changing the zoning designation from Low Density Multi-
Family Residential, RM-12, to Sensitive Areas Overlay-Low Density
Multi-Family Residential, SAO-RM-12, for Lot 2 of First and Rochester
subdivision, Part 1, a 38,041 square-foot property located west of First
Avenue, north of Rochester Street. (REZ02-00003)
Comment: At its May 2 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the proposed rezoning.
Staff recommended approval on April 18. Approval will allow the
construction of a 12-unit multifamily building on this property that
contains steep and critical slopes.
%'
Action: ~. ~.,. ~---._9¢¢,.,~.2j~--.-..- c,._S~9.._ o.,~o~._~,
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: May 20, 2002
~R_E;_ Additiorrs-to5/-21 -acjend~__ ~
Consent Calendar: '~
ITEM 3f (16) Charlotte Walker: Emerson Point "%
~(17) .... ~
Helen
Kline:
Invitation
ITEM 10 (Revised) CONSIDER A RESOLUTION FIXING TIME, DATE AND
PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00
AGAINST THE SANCTUARY RESTAURANT AND PUB.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
453A.22(2), against the Sanctuary Restaurant & Pub, 405 S. Gilbert
Street. Iowa Code section 453A.22(2) authorizes a $300.00 civil penalty
against a retail cigarette permit holder whose employee has been
convicted of or pled guilty to selling or providing tobacco to a minor.
ITEM 11 (Revised) CONSIDER A RESOLUTION FIXING TIME, DATE AND
PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00
AGAINST THE OLD MARKET PLACE.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
453A.22(2), against The Old Marketplace, 1963 Broadway Street. Iowa
Code section 453A.22(2) authorizes a $300.00 civil penalty against a
retail cigarette permit holder whose employee has been convicted of or
pled guilty to selling or providing tobacco to a minor.
21, 2002 City of Iowa Cit~, Parle 5 ,
c. Consider an ordinance to amend Section 14-6K-2 of the Zoning
Ordinance, Floodplain Management, in order to remove the
requirement for fill beyond the area of a structure, update various
definitions and references, and to acknowledge the new Flood
Insurance Rate Map (FIRM). (First Consideration)
Comment: These amendments will remove the requirement that yard
areas surrounding a structure be filled when construction occurs in the
flood plain. These amendments will also update definitions to make
them consistent with State and Federal regulations as well as make
reference to the updated Flood Insurance Rate Map. At its April 4,
2002 meeting, by a vote of 7-0, the Planning and Zoning Commission
recommended approval of these amendments. Staff recommended
approval in a memorandum dated March 20, 2002.
Action: '%'"b~"~%%-~-~,.r,,._ %, t,)' ~, %,~ _. ~
~ ~ '~"
/~ d. Consider a~ordinance amending the Neighborhood Commercial, CN-
1, zone to broaden the uses allowed and to revise the dimensional
requirements and design provisions. (Pass and Adopt)
Comment: At its March 7 meeting, by a vote of 7-0 the Planning and
Zoning Commission recommended approval. This amendment is pad
of the code rewrite. Its provisions implement the policies of the
Comprehensive Plan and allows more retail and offices uses in CN-1
zones.
Action: ~ ~~
~. Consider an ordinance amendin~ the Zonin~ Codo, A~iclo O, Si~n
Regulations, to permit podable signs in tho Central ~usiness
CB-2, Central Business Suppo~, CB-5, and Contral Business,
zones. (~ass and Adopt)
Comment: This amendment will allow small po~ablo signs on privato
propo~y and on tho public sidowalk when associated with outdoor
cafes in tho downtown zonos. At its March 7 mootin~, by a vote of 7-0
the ~lannin~ and Zonin~ Commission rocommonded approval.
f. Consider a resolution approving the final plat of Hicko~ Heights an
18.2-acre, 20-lot residential subdivision lo.ted west of Scott
Boulevard. (SUB02-00006)
Comment: At its May 2 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval the final plat of Hickow
Heights, subject to staff approval of legal papers and construction
drawings prior to council consideration of the final plat. Legal papers
and construction drawings are being reviewed by staff. Staff
recommended approval in a staff repo~ dated May 2. Approval ~11
allow the construction of 20 single-family dwellings on this prope~.
Action:
May 21, 2002 City of Iowa City Page 6
O,~--l[r,,-~ g. Consider a resolution endorsing the Clear Creek Master Plan
Memorandum of Understanding.
Comment: This resolution expresses support for the residential and
commercial development concept included in the Clear Creek Master
Plan for approximately 462 acres north of Melrose Avenue, east of
Highway 218 and south of Clear Creek. At their April 16, 2002
meeting, the Planning and Zoning Commission recommended by a
vote of 6-0, the City Council endorse the Clear Creek Master Plan
including the Camp Cardinal Road extension.
ITEM NO. 6. EXECUTION OWA CITY HOUSING AUTHORITY AMENDED
SECTION 8 ADMINISTRATIVE PLAN TO INCLUDE
HOMEOWNERSHIP.
Comment: A Public Hearing is a requirement before adoption of the
updated Section 8 Administrative Plan can occur. The Administrative Plan
is a HUD required administrative document which is used in the
operations of the Section 8 program. The amended Plan includes Section
19, Homeownership Program, which has been established pursuant to the
HUD final rule. This program provides home ownership opportunities for
Section 8 participants by assisting them in transitioning from rental
assistance to home ownership using Section 8 assistance.
a.PUBLIC HEARING
Action:
- I ~-t- b. CONSIDER A RESOLUTION ADOPTING AND AUTHORIZING
Action: (~
Ma)/21, 2002 Cit~/ of Iowa City Parle 7
ITEM NO. 7. PLAN, SPECIFICATIONS, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE HIGHWAY 1 AND SUNSET STREET
INTERSECTION IMPROVEMENTS PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project will increase the width of the median opening of
Highway 1 for vehicles turning left from Sunset Street and the Menard's
entrance. The estimated construction cost is $50,000 and will be funded
55% with IDOT funds, 45% with Road Use Taxes.
a. PUBLIC HEARING
Action: '~'~'~ ,--,.,.~ ~-~.~ ,~ ....... _~- ~,
~ ~ ~ b. CONSIDER A RESOLUTION APPROVING
Action: x.~ ~ ~ ~ ~
ITEM NO. 8. THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE
ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK
BOULEVARD EXTENSION PROJECT,
Comment: The City of Iowa City must acquire right-of-way, fee title,
permanent easements and temporary construction easements to
construct the Mormon Trek Blvd. Extension Project. This public hearing
provides interested parties the opportunity to present their views on the
project and the proposed acquisition of property rights. The project
includes grading, paving, sidewalk, storm sewer, water main, and related
construction of Mormon Trek Boulevard Extension from Highway 1 to
Highway 921. Correspondence included in Council packet.
a. PUBLIC HEARING
Action: ~ ~
b. CONSIDERA RESOLUTION DECLARING
. ,Q
Action: (~' ~ ~,_ ~, ~---_~,,,.~.~
',3
May 21, 2002 City of Iowa City Page 8 ,
ITEM NO. 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
I?G AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE MORMON
TREK BOULEVARD PROJECT STP-U-3175(620)--70-52.
Comment: This agreement provides for an 80% STP and 20% local
funding split. The maximum STP contribution as allocated by JCCOG is
$1,838,549. This agreement is for property acquisition costs and
construction costs. The local share of this project will be funded with GO
Bonds and Road Use Taxes.
Action: ~2~-~ ~'~,-¢.~'~- ~,t~ ~-'"-'"~,%~k
ITEM NO. 10. A $300.e0 CIVIL P~AL~ AGAINST THE OLD MARKET PLACE, 1963
BROADWA~ STREET, PURSUANT TO IOWA CO~ SECTION
453A.22(2).
Comment: This is the time designated for the'Council to consider
whether a hould be adopted assessing the $300.00 civil
penalty authorized by Code section 453A:22(2) against The Old
~ Market Place, 1963 Street. Section 453A.22(2) provides that,
after a hearing, a penalty will be assessed to a re~il
cigarette permit holder when if that permit holder's employee is
~~ convicted of or pleads guil~ to or providing tobacco to a minor. As
a pad of the hearing, the be provided with information
establishing an employee of der The Old Market Place was
convicted of or pled guil~ to a c~ge Iling or providing tobacco to a
minor. The permit holder's rep(eSentative then have the oppo~unity to
provide the Council with infgrmation . appropriate. The Council
will then decide whether.to assess the civil penalty and, if it
decides to do so, will adopt an appro[ ~n. The hearing will not
provide the oppodun~ for public comment.
a.~ HERIN6
Action:.
b. CONSIDER A RESOLUTION ASSESSING
, Action: ~,
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: May 20, 2002
RE: Additions to 5/21 agenda
Consent Calendar:
ITEM 3f (16) Charlotte Walker: Emerson Point
(17) Helen Kline: Invitation
ITEM 10 b (Revised) CONSIDER A RESOLUTION FIXING TIME,
~a~ I'~ PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 ,,,
AGAINST THE SANCTUARY RESTAURANT AND PUB.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
%, 453A.22(2), against the Sanctuary Restaurant & Pub, 405 S. Gilbed
~. Street. Iowa Code section 453A.22(2) authorizes a $300.00 civil penalty
~ against a retail cigarette permit holder whose employee has been
~of or pled guilty to selling or providing tobacco to a minor. 'A~,~
ITEM 11 b (Revised) CONSIDER A RESOLUTION FIXING TIME, '~-~ATE AND
PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00
AGAINST THE OLD MARKET PLACE.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
453A.22(2), against The Old Marketplace, 1963 Broadway Street. Iowa
Code section 453A.22(2) authorizes a $300.00 civil penalty against a
retail cigarette permit holder whose employee has been convicted of or
pled guilty to selling or providing tobacco to a minor.
May 21, 2002 city of Iowa city Parle 9
ITEM NO. 11. A $300.00"C1~L PENALTY AGAINST THE SANCTUARY RESTAURANT
& PUB, 405 ~ GILBERT STREET, PURSUANT TO IOWA CODE
SECTION 453A.22~).
Comment: This hearin~.i~ the time designated for the Coun~cil/to consider
whether a Resolution sh'~ld be adopted assessing t~ $300.00 civil
penalty authorized by low. Code section 453.A;.~2~(2,). against The
Sanctuary Restaurant & Pub, :~t(~5 S. Gilbert Street: Section 453A.22(2)
provides that, after a hearing, a $30..0.00 civil penalty will be assessed to a
retail cigarette permit holder when a~.~ if that p~rmit holder's employee is
convicted of or pleads guilty to selling~....p~t;iding tobacco to a minor. As
a part of the hearing, the Counci~ w..i~be provided with information
establishing an employee of permit/l~lder~...~e Sanctuary Restaurant &
-'--~__ Pub was convicted of o r pled g.~-y to a cha~e of selling or providing
tobacco to a minor. The perm~older's represer~tive will then have the
-~,-~.o-.~.'~ opportunity to provide ~?il with infor~tion s/he deems
appropriate. The Council~ill then decide whether to as~ss the requested
civil penalty and, if~ decides to do so, will adopt"~n appropriate
Resolution. The ~;~aring will not provide the opportur'ti~,y for public
comment. ~
Acti,e'n:
~ Action:
ITEM NO. 12. CONSIDER AN ORDINANCE AMENDING THE CITY CODE TITLE 10,
"PUBLIC WAYS," CHAPTER 3, "COMMERCIAL USE OF
SIDEWALKS," SECTION 3, "USE OF SIDEWALK CAFES" TO ALLOW
SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT. (FIRST
CONSIDERATION)
Comment: Currently sidewalk cafes that possess a liquor license must
operate between the hours of 7:00 AM and 10:00 PM, while sidewalk
cafes that do not serve liquor operate from 7:00 AM to 12:00 midnight. At
their work session of May 6, a majority of Council indicated a desire to
expand the hours of operation for establishment possessing a liquor
license to match those not serving. This ordinance would allow all
sidewalk cafes to serve until 12:00 midnight, and provides a sunset clause
for the ordinance to be reviewed in December 2003. Staff memorandum
included in Council packet.
Action: ~--~,=~,,_~-'- ~,.~ ~-~
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: May 20, 2002
RE: Additions to 5/21 agenda
Consent Calendar:
ITEM 3f (16) Charlotte Walker: Emerson Point
('17) Helen Kline: Invitation
ITEM 10 (Revised) CONSIDER A RESOLUTION FIXING TIME, DATE AND
PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00
AGAINST THE SANCTUARY RESTAURANT AND PUB.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
453A.22(2), against the Sanctuary Restaurant & Pub, 405 S. Gilbert
Street. Iowa Code section 453A.22(2) authorizes a $300.00 civil penalty
against a retail cigarette permit holder whose employee has been
.groviding tobacco to a minor.
ITEM 1'1 b (Revised) CONSIDER A RESOLUTION FIXING TIME, DAT~
~,~- 1,~,~, PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00
AGAINST THE OLD MARKET PLACE.
Comment: This Resolution sets the time, date and place for a hearing on
proposed $300.00 civil penalties, authorized by Iowa Code section
453A.22(2), against The Old Marketplace, 1963 Broadway Street. Iowa
Code section 453A.22(2) authorizes a $300.00 civil penalty against a
retail cigarette permit holder whose employee has been convicted of or
pled guilty to selling or providing tobacco to a minor.
May 21, 2002 City of Iowa City Parle 10
ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING TITLE 10, ENTITLED "USE
~o~1 OF PUBLIC WAYS AND PROPERTY," BY ADDING CHAPTER 10,
ENTITLED "CHUTES AND VAULTS WITHIN THE PUBLIC RIGHT-OF-
WAY" TO ESTABLISH A SYSTEM TO REGULATE THE USE OF
CHUTES AND VAULTS IN THE PUBLIC RIGHT-OF-WAY. (PASS AND
ADOPT)
Comment: Private parties currently use the chutes and vaults located in
the City's right-of-ways for commercial and private reasons including
storing property, accessing buildings, and transferring goods· The
primary purpose of the ordinance is to address the City's liability that is
associated with the private use of the public right-of-way. Under the
ordinance, in order for a person to use a chute or a vault, the person will
need to execute a written agreement with the City. Such a "right-of-way
agreement" is how the City presently regulates other private uses of the
public right-of-way· The agreement will require the private party to
assume the risk of using the right-of-way, to indemnify the City for claims,
and to provide general liability and casualty insurance. Due to a conflict of
interest the Mayor and Mayor Pro tern have on this matter, Council
Member Pfab was elected temporary Mayor Pro tern at the April 16
C9,upciLmeeti~ng to pres de over d_.jscus~ ons
Action: ~ ~ ~_~,
ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO A'I-rEST TO AN AGREEMENT BETWEEN
CSHQA AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES
FOR THE DESIGN OF PHASE TWO OF THE VOICE SYSTEM
UPGRADE.
Comment: Due to the age and cost to maintain in its current state, it is
necessary to upgrade the City's voice system· This resolution authorizes
CSHQA to perform engineering services and RFP development for the
City's telephone system. Total cost of the project is $98,206 and will be
paid for by Internal Service Funds, Enterprise Funds, Bond Funds, and
Road Use Tax.
Ma~/ 21, 2002 City of Iowa Cit~/ Parle 11
ITEM NO. 15. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE
~o~-[c~D "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT
FUNDS.
Comment: The City Council allocated $15,000 for Fiscal Year 2003 for the
purpose of funding grants to neighborhood associations so that they could
make improvements in their neighborhood. The Longfellow Neighborhood
Association reallocated $3,500 from a Fiscal Year 2001 project "Retaining
Wall for Bus Shelter" that cannot be completed as an easement for the
shelter cannot be acquired, The Neighborhood Council has solicited,
selected and recommends funding of nine applications and seeks City
Council's review and approval of this recommendation. Memorandum
included in the Council packet.
Action: ~-)
ITEM NO. 16. CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY
C~- I~1 COMPENSATION FOR FISCAL YEAR 2003 FOR THE CITY MANAGER,
CITY ATFORNEY, AND CITY CLERK AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER AND
CITY ATTORNEY.
Comment: Council held executive session on May 9, 2002, to evaluate the
City Manager, City Attorney, and City Clerk. As a result of that session,
adjustments were made in compensation to those employees.
ITEM NO. 17. CONSIDER A RESOLUTION ESTABLISHING FEES FOR SPECIFIC
c~ - I~- POLICE DEPARTMENT SERVICES.
Comment: The Iowa City Police Department performs certain services for
members of the public upon their specific request. However, as the cost
of such specific services are not included in the Department's general
operating budget, it is appropriate to charge a fee for such services
commensurate with the costs of providing same. This Resolution
establishes the fees to be charged to members of the public for
performing specific Police Department service requests. Staff
memorandum included in Council packet.
Action:
Ma~/21, 2002 Cit}/of Iowa City Pa~e 12
ITEM NO. 18. CONSIDER A RESOLUTION DETERMINING AREA OF THE CITY TO
O°~- I¢/~ 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 THE LOWER MUSCATINE ROAD &
HIGHWAY 6 URBAN RENEWAL PLAN THEREFOR.
Comment: The designation of the Lower Muscatine Road & Highway 6
area as an Urban Renewal Area will allow the City to use tax increment
financing for public infrastructure improvements and financial incentives to
qualifying businesses. At its meeting of April 4, 2002, by a vote of 7-0, the
Planning and Zoning Commission found that the Lower Muscatine Road &
Highway 6 Urban Renewal Plan conforms with the Iowa City
Comprehensive Plan, 1997. On April 15, 2002, a formal consultation was
held with representatives of the affected taxing entities. None of the
affected taxing entities have provided written recommendations regarding
the division of revenue as set forth under the Plan, nor have written or oral
objections been filed from the public with respect to the Plan.
ITEM NO. 19. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE LOWER MUSCATINE ROAD & HIGHWAY 6
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. (FIRST
CONSIDERATION)
Comment: The adoption of the Lower Muscatine Road & Highway 6 Tax
Increment Financing District Ordinance establishes the mechanism by
which incremental property tax revenue will be made available to the City
for the purposes of financing public infrastructure improvements and
providing financial assistance to qualifying businesses.
Action: ~____.~ -,.~..X ~ c..~-.%,~k~¢,~ _
May 21, 2002 City of Iowa City Pa~e 13
ITEM NO. 20. CONSIDER A RESOLUTION DETERMINING AREA OF THE CITY TO
~¢~c 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 THE INDUSTIAL PARK ROAD URBAN
RENEWAL PLAN THEREFOR.
Comment: The designation of the Industrial Park Road area as an Urban
Renewal Area will allow the City to use tax increment financing for public
infrastructure improvements and financial incentives to qualifying
businesses. At its meeting of April 4, 2002, by a vote of 7-0, the Planning
and Zoning Commission found that the Industrial Park Road Urban
Renewal Plan conforms with the Iowa City Comprehensive Plan, 1997.
On April 15, 2002, a formal consultation was held with representatives of
the affected taxing entities. None of the affected taxing entities have
provided written recommendations regarding the division of revenue as
set forth under the Plan, nor have written or oral objections been filed from
the public with respect to the Plan.
Action:
ITEM NO. 21. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY'
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE INDUSTRIAL PARK ROAD 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. (FIRST CONSIDERATION)
Comment: The adoption of the Industrial Park Road Tax Increment
Financing District Ordinance establishes the mechanism by which
incremental property tax revenue will be made available to the City for the
purposes of financing public infrastructure improvements and providing
financial assistance to qualifying businesses.
Action:
May 21, 2002 City of Iowa City Page 14 ,
ITEM NO. 22. CONSIDER A RESOLUTION DETERMINING AREA OF THE CITY TO
.. ~.- I~i5 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 THE HEINZ ROAD URBAN RENEWAL
PLAN THEREFOR.
Comment: The designation of the Heinz Road area as an Urban Renewal
Area will allow the City to use tax increment financing for public
infrastructure improvements and financial incentives to qualifying
businesses. At its meeting of April 4, 2002, by a vote of 7-0, the Planning
and Zoning Commission found that the Heinz Urban Renewal Plan
conforms with the Iowa City Comprehensive Plan, 1997. On April 15,
2002, a formal consultation was held with representatives of the affected
taxing entities. None of the affected taxing entities have provided written
recommendations regarding the division of revenue as set forth under the
Plan, nor have written or oral objections been filed from the public with
respect to the Plan.
Action:
T~ES LEVIED AND COLLECTED EACH YEAR ON ALL PROPER~
LOCATED WITHIN THE HEINZ ROAD URBAN RENEWAL PROJECT
ARE~ IN THE CI~ OF IOWA CI~, COUN~ OF JOHNSON, STATE
OF IOW~ BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CI~
OF IOWA CI~, COUN~ OF JOHNSON, IOWA CI~ COMMUNI~
SCHOOL DISTRICT AND OTHER T~ING 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 SND CI~ IN
CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT
PROJECT. (FIRST CONSlDE~TION)
Comment: The adoption of the Heinz Road Tax Increment Financing
District Ordinan~ establishes the mechanism by which incremental
prope~y tax revenue will be made available to the City for the purposes of
financing public infrastructure improvements and providing financial
assistance to qualifying businesses.
Action:
Ma~/ 21, 2002 Cit~/ of Iowa Cit~' Parle 15 ~
ITEM NO. 24. CONSIDER A RESOLUTION IN SUPPORT OF THE SAND PRAIRIE
~-/~/,, ACQUISITION AND AUTHORIZATION FOR THE MAYOR TO SIGN A
GRANT APPLICATION TO BE SUBMITDED TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES.
Comment: This property, consisting of approximately 80 acres, is located
just east of South Gilbert Street, generally southeast of Napoleon Park.
The Concerned Citizens for Sand Prairie Preservation have committed to
raise the necessary funds to acquire and preserve this property, and have
indicated a willingness to remain "involved over the long term to manage
the prairie as may be appropriate." The Parks and Recreation
Commission voted to support this initiative and recommends acceptance
of the land as City property.
Action: ~'S,~L~-~,.~,~,~N.~ a-,-,..~.~ q' / (~
ITEM NO, 25, PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE
AGENDA).
ITEM NO. 26. COUNCIL APPOINTMENTS.
a. SEATS Paratransit Advisory Committee: One vacancy for a term
ending June 30, 2004. (Term expires for Dee Vanderhoef.)
ITEM NO. 27. ANNOUNCEMENT OF VACANCIES.
Previously-Announced.
Due to changes in the State Code, the following positions are now vacant.
Previously the Airport Zoning Commission required (1) Airport
Commission Representative and (1) Planning and Zoning Representative.
This is no longer required and the positions are to be filled by Council
appointment.
b. Airport Zoning Commission: Two vacancies to fill unexpired terms.
One ending December 31, 2003 and the other ending December 31,
2005. (2 males and 1 female currently serve).
Due to a change in the State Code, the following position is now vacant.
Previously the Airport Zoning Board of Adjustment required (1) Board of
Adjustment Representative. This is no longer required and the position is
to be filled by Council appointment.
May 20, 2002
Agenda additions
ITEM 24 a RESOLUTION APPROVING ACQUISITION OF PROPERTY%"%
~>,~- I~ INTERESTS FOR THE FIRST AVENUE CORRIDOR IMPROVEMENT
PROJECT - ROCHESTER AVENUE TO "D" STREET. , ............
Comment: The Public Works Department considers it in the public
interest to acquire property interests for the above project. Charles and
Karen Miller, and the Iowa City Community School District, owners of the
necessary property interests, have accepted offers from the City to
purchase fee simple and temporary construct easement interests. These
acquisitions require City C. ouncil approval. This resolution approves the
~ terms of the acquisitions. ', ~.~-~.9..,~%, (3' ~..,,.~Lg..
/ ,. IIEM27a (1) Housingand~- %
One vacancy to fill an unexpired term ending
Septe~lt resigned) (2 Males
and 3 females currently serve). Correspondence
included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 26,
May 21, 2002 City of Iowa Cit~' Parle 16
c. Airport Zoning Board of Adjustment: One vacancy to fill an
unexpired term ending December 31, 2003. (3 males and 0 females
currently serve).
d. Historic Preservation Commission: One vacancy (Moffitt Cottage
District Representative) to fill a three-year term March 29, 2002 -
March 29, 2005. (Term expired for Doris Malkmus.) (7 males and 3
females currently serve).
Applications must be received by 5:00 p.m., Wednesday, June 5.
e. Human Rights Commission - One vacancy to fill an unexpired term
ending January 1, 2003. (Sue Joslyn resigned) (4 males and 4
females currently serve).
f. Housing and Community Development Commission - Three
vacancies to fill three year terms. September 1, 2002 - September 1,
2005. (Term expires for Christine Boyer, Kathleen Renquist, William
Stewart) (2 males and 4 females currently serve).
Applications must be received by 5:00 p.m., Wednesday, June 26.
ITEM NO. 28. CITY COUNCIL INFORMATION.
ITEM NO. 29. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. City Clerk.
c. City Manager.
ITEM NO. 30. ADJOURNMENT.
NOW AVAILABLE: ~
City Council Agenda support documents on-line at wvwv.icgov.org/councilagendas.asp
City Council Information Packets on-line at www.icgov.org/councilpackets.asp
[CGov2U:
Sign up to receive links to City Council Agendas and Voting Results as well as ]~nformation
Packets as soon as they are available at www.icgov.org/subscribe.asp
~ City Council Meeting Schedule and uay 16,2002
CITY OF IOWA CITY Tentative Work Session A~ H~.~en..as
www.icgov.org
I May 20 Monday I
6:30p COUNCIL WORK SESSION Emma J. Harvat Hall
· Review Zoning Items [Franklin]
· Review Agenda Items [Atkins]
· Appointment: SEATS Paratransit Advisory Committee (1)
· Development Code Update [Franklin]
· Enterprise Zones [Nasby]
· Convention and Visitors Bureau Presentation [Schamberger]
· Council Time
I May 21 Tuesday
7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall
· Separate Agenda Posted
I May 27 Monday
MEMORIAL DAY HOLIDAY - CITY OFFICES CLOSED
I June 10 Monday
6:30p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall
I June 11 Tuesday
7:00p SPECIAL FORMAL COUNCIL MEETING Emma J. Ha/vat Hall
· Separate Agenda Posted
I July 1 Monday
6:30p COUNCIL WORK SESSION Emma J. Ha/vat Hall
I July 2 Tuesday
7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall
· Separate Agenda Posted
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
Writers' Safe Haven Opening of First Avenue
Comprehensive Plan Update Development Agreement for 64-1A
Age of Consent