HomeMy WebLinkAbout2002-10-08 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Iowa City
, C ty Councd Agenda
I Special Formal
J October 8, 2002 - 7:00 p.m.
I Civic Center - Harvat Hall ~/~
410 E. Washington Street www.icgov.org
ITEM 1. CALL TO ORDER.
ROLL CALL.
ITEM 2. MAYOR'S PROCLAMATIONS.
a. Domestic Violence Awareness Month - October
b. Founder's Day - October 20 ~)'~..~. ~,~,~
ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Approval of Official Council Actions for special meetings of September 23
and September 24, as published, subject to corrections, as recommended
by the City Clerk.
b. Minutes of Boards and Commissions. (1) Housing and Community Development Commission - June 13
(2) Iowa City Public Library Board of Trustees - August 22
(3) Iowa City Telecommunications Commission - July 28
Recommendation: Approve the changes to the City Channel Guidelines.
(4) Iowa City Telecommunications Commission - September 9
(5) Planning and Zoning Commission- September 5
(6) Police Citizens Review Board- July 9
(7) Senior Center Commission- August 20
c.Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals.
(1)Class C Liquor License for Diamond Daves Taco Co. Leasing Corp., dba
Diamond Daves Taco Co., 1604 Sycamore St. #330.
(2)Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100
N. Dodge Street.
(3)Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's
Wraps, 18 S. Clinton St.
(4)Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct.
(5)Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct.
(6) Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside
Dr.
October 8, 2002 Cit~/of Iowa City Parle 2
(7) Class C Beer Permit for Kmart Corp., dba Big Kmart fl4315, 901
Hollywood Blvd.
(8) Class B Wine Permit for Kmart Corp., dba Big Kmart #4315, 901
Hollywood Blvd.
(9) Class C Beer Permit for ND Express, Inc., dba North Dodge Express,
2790 N. Dodge St.
d. Setting Hearings.
(1) CONSIDER A MOTION SE'I-rING A PUBLIC HEARING FOR
OCTOBER 22 ON AN ORDINANCE REGULATING AND
RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND
OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA
CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES
AND ESTABLISHING BOUNDARIES THEREOF: DEFINING CERTAIN
TERMS USED IN SAID ORDINANCE; REFERRING TO THE IOWA
CITY MUNICIPAL AIRPORT ZONING MAP AS PART OF THE
ORDINANCE; ESTABLISHING AN AIRPORT ZONING COMMISSION;
ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT;
PROVIDING FOR ENFORCEMENT AND IMPOSING PENALTIES.
Comment: At its September 9, 2002 meeting, the Iowa City Airport
Zoning Commission recommended approval of this ordinance. The
ordinance updates the language of the Airport Zoning Code and
provides zoning protection for the projects anticipated by the Airport
Master Plan. After the ordinance is approved by the City Council, it will
be forwarded to the Johnson County Board of Supervisors for approval.
The ordinance has been reviewed by the ,Airport Commission, and the
Airport Commission recommends approval.
e. Resolutions.
_A~,~ (1) CONSIDER A RESOLUTION ACCEPTING THE
WORK FOR THE IOWA CITY LANDFILL SALVAGE BARN
AND FURNITURE PROJECT BUILDING PROJECT.
Comment: This project has been completed in substantial accordance
with plans and specifications. The Engineer's Report and Performance
and Payment bonds are on file with the City Clerk.
~_A~ (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SENIOR CENTER BUILDING ENVELOPE WATERPROOFING
PROJECT.
Comment: This project has been completed in substantial accordance
with plans and specifications. The Engineer's Report and Performance
and Payment bonds are on file with the City Clerk.
October 8, 2002 Cit~/ of Iowa Cit~/ Parle 3
~.-2,.V~ (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR PHASE II OF WINDSOR RIDGE -
PART FIFTEEN AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
02, ~ -:3'4-1 (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER
REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL SPACE
REMAINING TO BE SOLD AT TOWER PLACE AND PARKING.
Comment: Currently there is one commercial space remaining in Tower
Place and Parking. The unit, l-D, is located at the corner of Iowa
Avenue and Gilbert Street. All other commercial spaces have been sold.
0,~- -,3H-,~ (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A REHABILITATION AGREEMENT, A PROMISSORY
NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT
1900-1902 MUSCATINE AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 1900 - 1902 Muscatine
Avenue received assistance through the City's Rental Rehabilitation
Program in the amount of $2,800. The financing was in the form of a
ten-year declining balance loan. The balance of the loan has been paid
off; thus the lien can now be released.
Og-~,'+.~ (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 62
WEST SIDE DRIVE, IOWA CITY, IOWA.
Comment: The owner of the property located at 62 West Side Drive
received assistance through the City's Downpayment Assistance
Program totaling $1,400. The financing was in the form of a conditional
occupancy loan. The loan has been paid off; thus the lien can now be
released.
c~,~- 5~ (7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING AN AGREEMENT AND A
PROMISSORY NOTE FOR THE PROPERTY LOCATED AT
507 EAST COLLEGE STREET, IOWA CITY, IOWA.
Comment: The owner of the property (Mid-Eastern Iowa Community
Mental Health Center) located at 507 East College Street received a
loan from the Community Development Block Grant (CDBG) funds in the
amount of $70,000. The financing was in the form of a ten-year
declining balance loan. The terms of the loan have been satisfied; thus
the lien can now be released.
October 8, 2002 City of Iowa City Parle 4
.. ~-5~ (8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT
1918 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA.
Comment: The owner of the property (Systems Unlimited, Inc.) located
at 1918 Hollywood Boulevard received a loan from the Community
Development Block Grant (CDBG) funds in the amount of $30,000. The
financing was in the form of a ten-year declining balance loan. The
terms of the loan have been satisfied; thus the lien can now be released.
f. Correspondence.
(1) Perry Sparks: Transit Service
(2) John Neff: Summary of PAULAArrests
(3) Anne Hesse (Project GREEN): Landscape Design for Medians in
Melrose Avenue from West High School to Deer Creek Road
(4) Karen Dawes (representing Board of Directors of Concerned Citizens
for Sand Prairie Preservations): Southgate Development
(5) Linda Hoening (2): Alcohol Possession Law [staff response included]
(6) Tom Harkin: Federal Emergency Management Agency Grant for
Fire Department Improvements
(7) Barbara Wiemer: Sidewalk in Front of Thomas Property on First
Avenue
(8) JCCOG Traffic Engineering Planner:
· Installation of STOP Signs at Ten Intersections along
~ Barrington Road
END OF CONSENT CALENDAR.
ITEM 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Public Discussion will be continued, if necessary, prior to "City Council
Information" item.
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: October 7, 2002
RE: Addition\Revision 10/8 agenda
C~I' S-EbI-T~'AL-ENDA~: Underage Drinking~
L.~.~M NO. 3f(9) Tom DePrenger:
ITEM 12 (Revised) CONSIDER AN ORDINANCE AMENDING TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 5,
ENTITLED "CITY PLAZA," SECTION 9, ENTITLED "CITY PLAZA USE
PERMITS," SUBSECTION E, ENTITLED "PERMANENT AND
TEMPORARY STRUCTURES" AND AMENDING TITLE 14,
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 4,
ENTITLED "LAND CONTROL AND DEVELOPMENT," ARTICLE E,
ENTITLED "DESIGN REVIEW," TO ELIMINATE REQUIRED
APPROVAL BY THE CITY COUNCIL OF DESIGN REVIEW
COMMITTEE DECISIONS AND GRANTING APPROVAL POWER
SOLELY TO THE DESIGN REVIEW COMMITTEE. (FIRST
CONSIDERATION)
October 8, 2002 City of Iowa Cit~/ Page 5
ITEM 5. PLANNING AND ZONING MATDERS.
a. Changing the zoning designation from Low-Density Multi-Family (RM-12) to
Sensitive Areas Overlay Low-Density Multi-Family (OSA-12) on 1.06 acres
to allow a 14-unit multi4amily building located on the west side of First
Avenue south of Stuart Court.
Comment: At its September 5 meeting, by a vote of 6-0 (Koppes absent),
the Planning and Zoning Commission recommended approval of the
proposed rezoning subject to staff approval of a landscaping plan at the
time of site plan review. Staff recommended approval at the September 5
meeting. Correspondence from applicant requesting expedited
consideration included in Council packet.
(1) Public Hearing 'V~¢ ~
(2) Consid, er an O'~r~?nance~
eration)
b. Consider an ordinance changing the zoning designation from 1) High
Density Multi-Family Residential, RM-44, to Medium Density Multi-Family
Residential, RM-20 with a Conditional Zoning Agreement, for an 8.69-acre
property located north of Highway 1 and west of Miller Avenue; 2)
Community Commercial, CC-2, to Medium Density Multi-Family Residential,
RM-20 with a Conditional Zoning Agreement, for a 1.45-acre property
located north of Highway 1 and west of Miller Avenue; and 3) Medium
Density Single-Family Residential, RS-8, to Community Commercial, CC-2,
for a 1.45-acre property located north of Highway 1 and west of Miller
Avenue. (REZ02-00013)(First Consideration)
Comment: At its August 15 meeting, by a vote of 7-t), the Planning and
Zoning Commission recommended approval of the proposed rezoning,
subject to the property owner entering into a Conditional Zoning Agreement
regarding pedestrian and vehicular access, buffering from adjacent single-
family zones, location of parking, and the cost of a traffic signal. In the
absence of such a Conditional Zoning Agreement, the Planning and Zoning
Commission recommended the properties proposed for residential zoning
be zoned Low Density Multi-Family Residential, RM-12. Staff recommended
approval in a report dated August 1, 2002.
Action: (~{~,-, ~ ¢~¢--///~~
October 8, 2002 City of Iowa Cit~/ Parle 6
c. Consider an ordinance vacating Grand Avenue Court from Melrose Avenue
to a line 295 feet to th~ north of Melrose Avenue. (VAC02-00003) (First
Consideration) ~...~ ) .~
Comment: At its August 15 rfleeting, by a vote of 6-1 (Shannon voting no),
the Planning and Zoning Commission recommended approval of the
proposed vacation, subject to the creation of utility easements where
necessary, and subject to agreement by The University of Iowa that it will
comply with the Iowa City Historic Preservation Ordinance regarding the
Cannon-Gay House, a National Register-listed house and designated Iowa
City Historic Landmark at 320 Melrose Avenue. Staff recommended
approval in a report dated August 15. Correspondence included in Council
packet.
Action: ~J~'~/~/~/'~'~¢~
Street and PreMiss
d. Consider an ordinanc~~v~caflng''~)ortions of the Harrison
Street rights-of-way and an adjoining a,!.leyway, we~,t of Madison Street.
(VAC02-00004) (First Consideration)
: -
Comment At its August 15 meeting, by ~ vote of 4 3 (Shannon, Hansen,
and Anciaux voting no), the Planning and Zoning Commission
recommended approval of the proposed vacation subject to the creation of
utility easements where needed, as determined by the Public Works
Department, and the creation of blanket access easements over all vacated
portions, except the alley in Block 5 of the County Seat Addition. Staff
recommended approval in a report dated August 1.
Action: (~ .J;~ .~ ~gz.~--,~ //~--ZZ~'~X./~
e. Consider an ordinance vacating podions of Front Street and Prentiss Street
generally located south of Burlington S~eet and wes~of Madison Street.
(VAC02-00002) (First Consideration)
Comment: At its August 15 meeting, b~ vote of 3~ (Shannon, Hansen,
Anciaux, and Koppes voting no), the Planning and Zoning Commission
recommended denial of the proposed vacation. Staff recommended
approval, subject to the creation of utility and access easements, in a repoA
dated August 1
Action:
/
October 8, 2002 City of Iowa City Parle 7
0,~-- ,-¢-o~-a, f. Consider an ordinance amending the preliminary Planned Development
Housing Overlay (OPDH-12) plan for Lot 259 of Windsor Ridge, Part 15,
Glen Brook Condominiums, a 46-unit residential development at the
intersection of Court Street and Camden Road. (REZ02-00011) (Second
Consideration)
Comment: At its July 18 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of the amended OPDH-12 plan. The
amended plan will allow the addition of 4 townhouse style units on lot 259.
Staff recommended approval in a report dated July 18. Correspondence ¢;j/
from applicant requesting expedited consideration'~ncluded in Council ,, ,,
Action: ~..¢~~//4¢' ~ ~2~'4~ "?/~ ,~-/~ '~//~
g. ~ons~aer an ora~nance a~na~ng the ~on~ng ~oae, ~ection 14-6H-1, q
General Industrial Zone, to allow repair of commercial and industrial trucks
as a provisional use. (Second Consideration)
Comment: At its August 1 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of this amendment to the
Zoning Code. Staff recommended approval in a repod dated August 1.
Action: ~//~ ~ ~ ~_/~
O~-~G h. Consider a resolution amending the Comprehensive Plan to adopt the
Southwest District Plan for the area Io~ted generally south of Melrose
Avenue, west of the Iowa River, nodh of Highway 1 West and east of the
Iowa City Landfill.
Comment: At its August 15 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of the Southwest District Plan.
Correspondence included in Council packet.
Act,on: ~/~ ~ ~
o~ 3~ i. Consider a resolution app~ing the final plat of Village Green, PaA XXII,~~4
9.31-acre, 24-1ot residential subdivision Io~ted noah of Wellington Road~--
and west of Scott Boulevard.
Comment: At its September 5 meeting, by a vote of 6-0 (Koppes absent),
the Planning and Zoning Commission recommended approval of the final
plat. Staff recommended approval in a repoA dated September 5. Deferred
September 24.
Action: ~ / ~~
u - /
October 8, 2002 Cit}/ of Iowa Cit}/ Pa~e 8
ITEM 6. A $300.00 CIVIL PENALTY AGAINST THE SUMMIT, 10 S. CLINTON
STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2).
Comment: This hearing is the time designated for the Council to consider
whether a Resolution should be adopted assessing the $300.00 civil penalty
authorized by Iowa Code section 453A.22(2) against The Summit, 10 S. Clinton
Street. Section 453A.22(2) provides that, after a hearing, 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. As a part of the hearing, the Council will be provided with
information establishing an employee of permit holder The Summit was
convicted of or pled guilty to a charge of selling or providing tobacco to a minor.
The permit holder's representative will then have the opportunity to provide the
Council with information s/he deems appropriate. The Council will then decide
whether to assess the requested civil penalty and, if it decides to do so, will
adopt an appropriate Resolution. The hearing will not provide the opportunity for
public comment.
a. HEARING
b. CONSIDER A RESOLUTION ASSESSING
October 8, 2002 Cit~/ of Iowa City Parle 9
ITEM 7. A CIVIL PENALTY OF 30-DAY PERMIT SUSPENSION FOR NORTH DODGE
EXPRESS, 2790 NORTH DODGE STREET, PURSUANT TO IOWA CODE
SECTION 453A.22(2).
Comment: This hearing is the time designated for the Council to consider
whether a Resolution should be adopted suspending the retail cigarette permit
of North Dodge Express, 2790 North Dodge Street, for a period of 30 days, as
authorized by Iowa Code section 453A.22(2). Section 453A.22(2) provides that,
after a hearing, a 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. The civil penalty for a second violation
within a two-year period is a 30-day suspension of the permit. As a part of the
hearing, the Council will be provided with information establishing an employee
of permit holder North Dodge Express, was convicted of or pled guilty to a
charge of selling or providing tobacco to a minor. The Council will also receive
information that this is, at least, the second such violation for an employee of
North Dodge Express within a two-year period. The permit holder's
representative will then have the opportunity to provide the Council with
information s/he deems appropriate. The Council will then decide whether to
assess the requested civil penalty and, if it decides to do so, will adopt an
appropriate Resolution. The hearing will not provide the opportunity for public
comment.
a. HEARING
~ ~ ~c/ b. CONSIDER A RESOLUTION ASSESSING
October 8, 2002 Cit~/ of Iowa Cit~/ Parle 10
ITEM 8. A CIVIL PENALTY OF 30-DAY PERMIT SUSPENSION FOR SUBURBAN
AMOCO - KEOKUK STREET, 1905 KEOKUK STREET, PURSUANT TO
IOWA CODE SECTION 453A.22(2).
Comment: This hearing is the time designated for the Council to consider
whether a Resolution should be adopted suspending the retail cigarette permit
of Suburban Amoco - Keokuk Street, 1905 Keokuk Street, for a period of 30
days, as authorized by Iowa Code section 453A.22(2). Section 453A.22(2)
provides that, after a hearing, a 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. The civil penalty for a
second violation within a two-year period is a 30-day suspension of the permit.
As a pad of the hearing, the Council will be provided with information
establishing an employee of permit holder Suburban Amoco - Keokuk Street,
was convicted of or pled guilty to a charge of selling or providing tobacco to a
minor. The Council will also receive information that this is, at least, the second
such violation for an employee of Suburban Amoco - Keokuk Street within a
two-year period. The permit holder's representative will then have the
opportunity to provide the Council with information s/he deems appropriate. The
Council will then decide whether to assess the requested civil penalty and, if it
decides to do so, will adopt an appropriate Resolution. The hearing will not
provide the opportunity for public comment.
a. HEARING
b. CONSIDER ARESOLUTION ASSESSING
, /
ITEM 9. PROCEEDINGS TO TAKE ADDITIONAL ACTION NOT TO EXCEED
$1,155,000 GENERAL OBLIGATION BONDS.
Comment: This public hearing is being held to receive public comment
regarding the issuance of up to $1,155,000 General Obligation Refunding
Bonds. This resolution authorizes staff to refund the 1994 General Obligations
Bonds. Staff will proceed on behalf of the City with the sale of the bonds, and
take all action necessary to permit the sale of said bonds on a basis favorable
to the City and acceptable to the City Council.
a. PUBLIC HEARING
b. CONSIDER A RESOLUTION INSTITUTING
October 8, 2002 City of Iowa City Parle 11
ITEM 10. PUBLIC HEARING ON A RESOLUTION AMENDING THE FY2003
OPERATING BUDGET.
Comment: This resolution amends the FY2003 budget to carry over budget
authority from FY2002 to FY2003 for capital improvement projects and other
expenses that were either in process in FY2002 and not completed by FY2002
year end, or budgeted in FY2002 and delayed until FY2003. The City's policy is
to amend the current budget at the beginning of each fiscal year for the
continuation of projects from the prior fiscal year.
Action:
ITEM 11. PUBLIC HEARING ON AMENDMENTS TO THE FY03 ANNUAL ACTION
PLAN BUDGET, THAT IS A SUB-PART OF IOWA CITY'S 2001-2006
CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND AUTHORIZING
THE CITY MANAGER TO SUBMIT SAID AMENDMENTS AND ALL
NECESSARY DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED
PLAN.
Comment: At their May 16, 2002, May 29, 2002 and September 12, 2002
meetings, the Housing and Community Development Commission made
recommendations to the Council that would recapture funds from an
unsuccessful FY02 project and reallocate those funds to two new projects as
part of the FY03 Annual Action Plan. A public hearing is required by the U.S.
Department of Housing and Urban Development. A memorandum describing
the proposed budget amendments was included in C, ouncil's S. eptember 24 .
Action: ~-~ ~.~
ITEM 12. CONSIDER AN O~DINANCE AMENDING '~TLE 10, ENTI~LED..~'USE OF,,,b~'
PUBUC WAYS A,D PR,~PERTY," C.APT,~R 5, E,T~TLED "C¢' P~.~"
~ SECTION 9, ENTITLE,~ "C~TY PL~.~/USE PERMITS" ANp T~TLE 44,
~_~ ENTITLED "UNIFIED/DEVELOPMENT/CODE," CHAPTER /4, ENTITLED
"LAND C,,ONTROL A~D DEVELOPME¥1'," ARTICLE E, ENTITLED "DESIGN
REVIEW, TO ELIMINATE REQUIREI~ APPROVAL BY THE?CITY COUNCIL
OF DESIGN R~VlEW COMMI'r-~EE DECISIONS /KND GRANTING
APPROVAL PO?ER SOLELY TO//THE DESIGN RF~IEW COMMI'CI'EE.
(FIRST CONSeCRATiON) ~
Comment: lhe amendments being proposed eliminate City Council approval of
design plans for urban renewal parcels and extensions into City Plaza. lhe
intent is to expedite the design review process while leaving an appellate
avenue open for applicants.
Action: ~~2/~/~'~,'~'~ /~'¢¢'43-~ Z/' ~/~ .
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: October 7, 2002
RE: Addition\Revision 10/8 agenda
CONSENT CALENDAR:
ITEM NO. 3f(9) Tom DePrenger: Underage Drinking
ITEM 12 (Revised) CONSIDER AN ORDINANCE AMENDING TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 5,
ENTITLED "CITY PLAZA," SECTION 9, ENTITLED "CITY PLAZA USE
PERMITS," SUBSECTION E, ENTITLED "PERMANENT AND
TEMPORARY STRUCTURES" AND AMENDING TITLE 14,
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 4,
ENTITLED "LAND CONTROL AND DEVELOPMENT," ARTICLE E,
ENTITLED "DESIGN REVIEW," TO ELIMINATE REQUIRED
APPROVAL BY THE CITY COUNCIL OF DESIGN REVIEW
COMMITTEE DECISIONS AND GRANTING APPROVAL POWER
SOLELY TO THE DESIGN REVIEW COMMITTEE. (FIRST
CONSIDERATION)
October 8, 2002 City of Iowa Cit}/ Parle 12
ITEM 13. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED,
"UNIFORM DEVELOPMENT CODE," CHAPTER FIVE, ENTITLED,
"BUILDING AND HOUSING," ARTICLE E, ENTITLED, "HOUSING CODE"
TO REQUIRE THAT ALL LANDLORDS AND TENANTS EXECUTE A LEASE
ADDENDUM AND BY DELETING THE REQUIREMENT THAT THE CITY
PROVIDE WRITrEN NOTIFICATION OF HOUSING VIOLATIONS BEFORE
ISSUING A MUNICIPAL INFRACTION. (SECOND CONSIDERATION)
Comment: This ordinance amends the Housing Code to require a lease
addendum for all rental property which sets out maximum occupancy limit of a
dwelling unit; acknowledgement by owner/operator, and tenant regarding
responsibility for occupancy limits; identification of non-habitable spaces/rooms;
acknowledgement regarding no parking on grass or public sidewalk; trash and
recycling requirements; notification of Code language concerning the crime of
Disorderly House; acknowledgement that all substantial rental agreement
provisions have been initialed by the owner and tenant; City website address;
contact information for the Neighborhood Association; information regarding the
Iowa Residential Landlord/Tenant Law; and responsibility for snow removal and
lawn mowing. Staff anticipates it will take approximately three years to
determine the maximum occupancy for every rental dwelling unit (approximately
15,000). In addition, the proposed ordinance allows oral notification of Housing
Code violations to permit the City to act on Housing Code violations in a more
timely manner. Both of these amendments were recommended by the
Neighborhood Housing Relations Task Force.
ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 6, PUBLIC HEALTH AND
SAFETY, CHAPTER 7, SMOKING IN FOOD ESTABLISHMENTS, SECTION 5,
EXCEPTION, TO CLARIFY THAT EACH ESTABLISHMENT SHALL BE
ALLOWED ONLY ONE TEMPORARY ONE-YEAR EXCEPTION. (SECOND
CONSIDERATION)
Comment: The City Clerk has received inquiries about the temporary one-year
exception allowed under Section 6-7-5(B) of the City Code concerning whether
subsequent one-year exceptions can be obtained, The proposed amendment
clarifies that each establishment shall be allowed only one temporary one-year
exception under the ordinance, and consecutive exceptions are not available.
Action:
October 8, 2002 City of Iowa City Parle 13
ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR
'¢-o~.2, VEHICLES AND TRAFFIC," CHAPTER 7, ENTITLED "VEHICLE SIZE,
WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON FIRST
AVENUE FROM THE INTERSECTION OF SCOTT BOULEVARD TO THE
INTERSECTION OF D STREET. (PASS AND ADOPT)
Comment: This ordinance would ban large trucks from the portion of First
Avenue between Scott Boulevard and D Street· The ordinance exempts
commercial vehicles that have no other means of access to their destination,
school buses, and City emergency and service vehicles. If approved, signage
will be erected indicating that no trucks over 16 tons gross weight are allowed
on First Avenue between Scott Boulevard and D Street.
Action: / .+
ITEM 16. CONSIDER AN ORDINANCE AMENDING CERTAIN CHAPTERS OF CITY
CODE TITLES 6, 7, 10, AND 14 TO INCREASE THE MUNICIPAL
INFRACTION CIVIL PENALTIES FOR VIOLATING NUISANCE PROVISIONS,
SNOW REMOVAL REQUIREMENTS, BUILDING CODE, HOUSING CODE,
ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, FIRE CODE,
AND UTILITIES' USE OF RIGHT-OF-WAY REQUIREMENTS. (PASS AND
ADOPT)
Comment: This ordinance has been amended since the first two readings, but
not substantively so it can be passed and adopted· The City's codifier
recommended the non-substantive change· The ordinance will increase the
fines for specified municipal infractions that impact on neighborhoods and fulfills
one of the suggestions of the Neighborhood Task Force. In the previous draft,
the dollar amount of the fine was contained in each amended code section.
Under the current draft, each amendment references a new code section, which
contains the dollar amounts. The code amounts have not been changed; they
remain $250 for first violation, $500 for second, and $750 for third.
Action: ~ ',~-~.'~#,¢~/1~/~,~../~_~' ~2 ~ ~
ITEM 17. CONSIDER A RESOLUTION CHANGING THE NAME OF THE OLD
ALIGNMENT OF SCOTT BOULEVARD BETWEEN ROCHESTER AVENUE
AND DUBUQUE ROAD TO HARVEST ROAD.
Comment: This resolution will change the name of the old alignment of Scott
Boulevard between Rochester Avenue and Dubuque Road to Harvest Road.
This will eliminate confusion between the old alignment and the new alignment
of Scott Boulevard.
Action:
October 8, 2002 City of Iowa City Page 14
ITEM 18. CONSIDER RESOLUTION DIRECTING SALE OF UP TO $10,980,000
02.- 3~:~ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002.
Comment: Bids will be received at 11:00 a.m. on October 8 for the sale of up to
$10,980,000 General Obligation Refunding Bonds. Bond proceeds will be used
to refund the 1994, 1995 and 1996 General Obligation bond issues. This
resolution ratifies and confirms the actions of the City Clerk and Finance
Director in the determination of the most favorable bid. A completed resolution
will be presented to the City Council at the formal meeting the evening of
October 8.
Action:
ITEM 19. CONSIDER RESOLUTION DIRECTING SALE OF $8,500,000 WATER
O0 v,~5%L REVENUE BONDS.
Comment: Bids will be received at 11:00 a.m. on October 8 for the sale of
$8,500,000 Water Revenue Bonds. This resolution ratifies and confirms the
actions of the City Clerk and Finance Director in the determination of the most
favorable bid. A completed resolution will be presented to the City Council at
the formal meeting the evening of October 8.
Action:
/
/
ITEM 20. CONSIDER A RESOLUTION AUTHORIZING JOINT AGREEMENT BETVVEEN
og - 3S~ THE CITY OF IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY
COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING
PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING.
Comment: This agreement authorizes the City's bargaining agent to negotiate a
collective bargaining agreement with the Library employees' bargaining unit on
behalf of the Iowa City Public Library Board of Trustees.
Action:
ITEM 21. CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF A
- ~)2'-,3~; (o CHAPTER 28E AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY FOR THE PROVISION OF ANIMAL CONTROL
SERVICES.
Comment: The City has been providing the County with limited animal control
services for a fee. Staff at the City and the County decided that the informal
arrangement should be formalized in a "28E agreement." The proposed
agreement, which is attached as Exhibit A to the resolution, specifies the
services the City will provide the County and the fee for said services. Both the
County and the Animal Control and Adoption Center Board have approved the
agreement.
Action: ('~./,,/_.~.~,~¢_.~¢/,/D~ 2
October 8, 2002 City of Iowa City Parle 15
ITEM 22. CONSIDER A RESOLUTION TO REMOVE COUNCIL MEMBER STEVEN
.. ~=,1 - 2,5,'7 KANNER FROM THE JCCOG URBANIZED AREA POLICY BOARD DUE TO
HIS FAILURE TO VOTE IN ACCORDANCE WITH FORMAL CITY COUNCIL
POLICY.
Comment: This resolution is placed on the agenda pursuant to the direction of
the City Council
^c ,on
ITEM 23. PUBLIC DISCUSSION JIF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 24. COUNCIL APPOINTMENTS.
[](~,, ,~.~//- a./~,4~,,~I~/~ Housing and Community Development Commission: One appointment to fill an unexpired term ending September 1, 2004. (April Gutting resigned)
(3 Males and 3 females currently serve). Correspondence included in
a. Current Vacancies.
(1) Animal Care & Adoption Center Advisory Board - One vacancy to
fill a three year term January 1, 2003 - December 31, 2005. (Term
expires for Tammara Meester) (0 Males and 2 females currently
serve).
(2) Board of Adjustment- One vacancy to fill a five year term January 1,
2003 - January 1, 2008. (Term expires for T.J. Brandt) (4 Males and 0
females currently serve).
(3) Board of Appeals - Two vacancies, one representative from the
Home Builders' Association, and one Licensed Plumber to fill five year
terms January 1, 2003 - December 31, 2007. (Term expires for John
Roffman and GaryH~ and 1 females currently serve).
(4) Boa~ One vacancy to fill a six year term January 1,
~~el~expires for Haywood Belle)(3
(5) Human Rights Commission - Three vacancies to fill three year
terms January 1, 2003 - January 1, 2006. (Term expires for Jan
Warren, Charles Major, Nick Klenske) (3 Males and 3 females
currently serve).
(6) Parks and Recreation Commission - Three vacancies to fill four
year terms January 1, 2003 - January t, 2007. (Term expires for Toni
Cilek, Rex Pruess, Craig Gustaveson) (5 Males and 1 females
currently serve).
(7) Public Art Advisory Committee - Two vacancies to fill three year
terms January 1, 2003 - January 1, 2006. (Term expires for Sandra
Hudson, Charles Felling) (2 Males and 3 females currently serve).
October 8, 2002 Cit~/ of Iowa City Parle 16
(8) Senior Center Commission - Two vacancies to fill three year terms
January 1, 2003 - December 31, 2005. (Term expires for Lori Benz,
Charity Rowley) (3 Males and 3 females currently serve).
Applications must be received by 5:00 p.m., Wednesday, November 13.
b. Previously Announced.
(9) Airport Zoning Board of Adjustment: One vacancy to fill an
unexpired term ending December 31, 2003 (3 males and 0 females
currently serve.)
(10) 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.)
Applications must be received by 5:00 p.m., Wednesday, October 30,
2002.
ITEM 26. CITY COUNCIL INFORMATION.
ITEM 27. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. City Clerk.
c. City Manager.
ITEM 28. ADJOURNMENT.
NOW AVAILABLE:
City Council Agenda support documents on-line at www.icgov.org/councilagendas.asp
City Council Information Packets on-line at www.icg0v,0rg/c0un¢ilpacket$.asp
City Council Meeting Schedule and October3.2002
C~T~ OF IOW^ C~TY Work Session A~, ,~,_,~en,.,as
www.icgov.org
· MONDAY, OCTOBER 7 Emma J. Han/atHall
6:30p Special Council Work Session
· Joint Planning & Zoning Commission: Vacation of Streets on Agenda [Franklin]
· Review of Council Alcohol Initiatives [Dilkes]
· Review Zoning Items [Franklin]
· Review Agenda Items [Atkins]
· Council Appointments: Housing and Community Development Commission (1)
· Council Time
· TUESDAY, OCTOBER 8 Emma J. Harvat Hall
7:00p Special Council Formal Meeting
TENTATIVE FUTURE MEETINGS AND AGENDAS
· MONDAY, OCTOBER 21 Emma J. Harvat Hall
6:30p Special Council Work Session
· TUESDAY, OCTOBER 22 Emma J. Harvat Hall
7:00p Special Council Formal Meeting
· MONDAY, NOVEMBER 4 Emma J. Harvat Hall
6:30p Regular Council Work Session
· TUESDAY, NOVEMBER 5 Emma J. HarvatHall
7:00p Regular Council Formal Meeting
· MONDAY, NOVEMBER 11
Veterans' Day Holiday - City Offices Closed
Meeting dates/tirnes,,Iopics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
Comprehensive Plan Update Age of Consent