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HomeMy WebLinkAbout2002-12-10 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 355-5040. December 10, 2002- 7:00 p.m. ITEM 1. CALL TO ORDER. ROL, CA,,. ITEM 2. OU~O ST DD~NI::NT 't~-) ~'/~- CITIZENSHIP AWARDS - Horace Man Elementary · Abdullah Awad · Ivy Hayward · Lucie Mulligan · Cooper Tonning ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Council Actions for special meetings of November 18, November 25, and regular meeting of November lg, as publisffed, subject to corrections, as recommended by t~e City Clerk. b.Receive and File Minutes of Boards and Commissions (recommendations to Goundl become effective only upon separate Council action). (1) Animal ~are and Adoption ~enter Adviso~ Board: August 2~ (2) Historic Prese~ation ~ommission: ~eptember 2& (3) Historic Prese~ation ~ommission: October 24 (4) Housing and Community Development Commission: October 17 (~) Iowa ~ity Board of Appeals: September 17 (&) Iowa ~ity Board of Appeals: November 4 (T) Iowa ~ity Public Libra~ Board of Trustees: October 17 (8) Iowa ~ity Public Libra~ Board of Trustees: October 24 (~) Iowa ¢ityTelecommunications ~ommission: October 28 (10) Parks and Recreation ~ommission: October ~ (11) Planning and Zoning ~ommission: November ? (12) Senior Center ~ommission: October lg c. Permit Motions and Resolutions as Recommended by tffe City Clerk. New. ~ (1) ~Glass B Liquor License for Ackerman Investment Go., dba Higfflander ~~ ~nn & Conference Center, 2~2S N. Dodge St. ~ (2) Resolution to issue Cigarette Permit for Quality Vending Semites, 783 H~ 1 West. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: December 9, 2002 RE: Additions 12/10 agenda .C~o~t C~er~ar (~-ITEM NO. 3c (1) b Class C Liquor License for Water-B, Inc., dba Studio 13, ~ 13 S. Linn St. ITEM NO. 3g (8) (REVISED) Postcards received from 36 individuals: Affordable Housing 3g (12) Rod Sullivan: Yes for Kids December 10, 2002 Cit)/ of Iowa City Parle 2 Renewals. (3) Class C Beer Permit for JG Robins, Inc., dba Petro-N-Provisions, 2 Escort Lane. (4) Class C Liquor License for CMB, Inc., dba Gringo's, 115 E. College St. (5) Class C Liquor License for Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St. (6) Special Class C Liquor License for USIAM, Inc., dba Thai Flavors, 340 E. Burlington St. (7) Special Class C Liquor L cense for nd a Caf6 Corp., dba India Caf6, 227 E. Washington St. (8) Class C Liquor License for Gabe's, Inc., dba Gabe's, 330 E. Washington St. (9) Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. (10) Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St. o4- ,v-o~ ~ (11) Resolution to issue Dance Etee~ Permit to Gabe's, Inc., dba Gabe's, 330 E. Washington St. and to Ackerman Investment Co., dba Highlander Inn & Conference Center, 2525 N. Dodge St. d. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $13,280,178.69 FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2002, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. e. Setting Hearings. o~-- 5~'-~ (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project entails replacing and upgrading the entire filtration system at City Park Pool. The project was originally budgeted in FY04, but a number of problems were encountered last summer which necessitated closure or partial closure of the pool several times. In order to prevent this from happening again during the 2003 summer swimming season, the project has been moved forward and is expected to be completed by May 2003. f. Resolutions. O~~ _c~O~_~ (1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS 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. December 10, 2002 Cit~/of Iowa City Parle 3 (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE o,~- ~-c~, CONTRACT 3 - SOUTH PLANT IMPROVEMENTS, WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS 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. (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE o~-'~-o7 COURT HILL SANITARY SEWER IMPROVEMENT 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. (4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE oOz--.~Z)~ SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR FIRST AND ROCHESTER - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. (5) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE - -~o~ SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR - PART 7, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 11-17, NORTH AIRPORT DEVELOPMENT SUBDIVISION. Comment: As shown and granted in the final plat of North Airport Development Subdivision, the City has a 50' wide access and drainage easement across Lots 11-17 of said subdivision. The Airport has requested that the width of the easement be reduced to 30'. The City Planning and Community Development Department and Public Works Department have reviewed and considered the request, and recommend that the southern 20' of the current easement be released. This resolution authorizes release of the .41 acre portion of the access and drainage easement. December 10, 2002 Cit}/ of Iowa City Pa~e 4 (7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN o~.-~ AND THE CITY CLERK TO A'I-I'EST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST FEDERAL, LACROSSE, WISCONSIN FOR PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA. Comment: First Federal, LaCrosse, Wisconsin has requested that the City approve a Subordination Agreement for 1705 Flatiron Drive to refinance a first mortgage. On July 5, 2000, the owner of the property received loans from the City of Iowa City's Housing Rehabilitation Program for the amount of $33,000. The property is appraised for $112,240 which provides enough equity to cover the City's second lien position, which is the City's original position. (8) CONSIDER A RESOLUTION AMENDING THE IOWA CITY PUBLIC Og,--ff-~' ART PROGRAM PROCEDURES TO INCLUDE PROCEDURES FOR COMMUNITY-INITIATED PUBLIC ART PROJECTS AND FOR DEDICATION OF PUBLIC ART TO INDIVIDUALS. At their November 7, 2002 meeting, the Public Art Advisory Committee recommended adoption of the Community Initiated Public Art Procedure and Form and the Policy for Dedication of Public Art to Individuals by a vote of 4-0. The November 7 draft meeting minutes were included in Council's November 21 Information Packet. (9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST A CONSENT TO AMENDMENT OF RESTRICTIVE COVENANTS FOR WHISPERING MEADOWS PART 2, IOWA CITY, IOWA. Comment: The developers of Whispering Meadows Part 2, Iowa City, Iowa, as majority property owners in the subdivision, are proceeding to amend the restrictive covenants for the development to allow for the construction of duplex residences and to remove a portion of the development from said covenants. The restrictive covenants may be amended by a vote of a majority of the lot owners and the consent of all mortgagees. While the City owns many of the lots in the development through the Public Housing Authority, the developers have not requested the vote of the City owned lots in the amendment process. However, the City is also a mortgagee of a lot (Lot 81) within the subdivision through its sponsorship of the tenant to ownership program. Therefore, the proposed amendments require City consent due to its status as a mortgagee. The Director of Housing and Inspection Services, as Chief Administrator of the Public Housing Program, does not object to the proposed amendments, as zero lot line housing is already permitted within the development and there will not be a large net increase in units. This Resolution authorizes the City's execution of the Consent to Amendment to Restrictive Covenants as proposed by the Developer. g. Correspondence. (1) James Lewis: City and County Innovations Advisory (2) Almurtda AImuntdr: Human Rights in UNHCR/Jordan (3) Michael Larson: Budget (4) Michael Larson: Dog Park (5) Pete Wallace: Voting Permits December 10, 2002 City of Iowa City Parle 5 (6) Petition signed by 11 individuals: USA Patriot Act (7) Robert Murdock: Police (8) Postcards from~'~ndividuals: Support of Affordable Housing (9) Thomas Storey (Iowa DOT): Pavement Patching Project- US 6 (10) David Schwindt: Mediacom [staff response included] (11) JCCOG Traffic Engineering Planner: · Installation of Two NO PARKING BETWEEN SIGNS on the West Side of the 800 Block of South Clinton Street · Installation of Two Bus Stop Signs on Mormon Trek Boulevard · Installation of a Bus Stop Sign on the East Side of North Dubuque Street · Installation of a Double Yellow Centerline on Melrose Avenue between Grand Avenue Court and the Boyd Law Building Driveway · "NO PARKING BE'I'VVEEN SIGNS" Signs in the 500 Block of 2nd Avenue 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. ITEM 5. PLANNING AND ZONING MA'i-FERS. a. Consider a motion setting a public hearing for January 7 on an ordinance vacating portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way. (VAC02-00008) Comment: This ordinance would vacate approximately 3.62 acres of Madison Street, Davenport Street, and Bloomington Street rights-of-way adjacent to the old Iowa City Water Plant. It is anticipated the Planning and Zoning Commission wilJ make a recommendation on this ordinance at their December 19 meeting. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: December 9, 2002 RE: Additions 12/10 agenda Consent Calendar ITEM NO. 3c (1) b Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St.  M NO. 3g (8) (~EVlSED) Postcards received from :36 individuals.'~'~.x Affordable Housing 3g (12) Rod Sullivan: Yes for Kids December 10, 2002 Cit}/ of Iowa Cit}/ Parle 6 b. An ordinance rezoning 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSAJOPDH) for property located Northwest of Highway I and Ruppert Road. (REZ02-000018) Comment: At its November 21 meeting, by a vote of 7-0, the Pla~ning and Zoning Commission recommended approval of this mzoning to allow for the development of a 198-unit apa~ment complex and clubhouse, with an allowable maximum height of 58'-6". Staff recommended approval in a memorandum dated November 15. Correspondence from the applicant requesting expedited consideration included in Council packet. (1) Public Hearing / (2) ~ir~ Consider~ti~ c. Public hearino on an ordinance chan~in~ the zonino desionation from Low Density Sinole Family Residential (RS-5) to ~en~itive Areas Overlay (RS-5/OSA) for ~.6 acres ~f prop~y located at ~520 N. .u u .e Comment: At its November 7 meeting, by a vote of 7-0, the Plannino and Zonin9 Commission recommended approval of the rezonin~. This rezonino will allow the construction of three single-family dwellinos on propeAy containin9 criti~l slopes. Staff recommended approval in a memorandum dated October ~ 7. Ao, on: d.Public hearino on an ordinance vacatino gafaye~e Street, located west of Capitol Street. (VAC02-00006) Comment: At its November 7 meetin~ by a vote of 7-0, the Plannin9 and Zonin~ Commission recommended approval of the vacation of this right-of- way. Staff recommended approval in a staff repoA dated November 7. Approval will allow the adjacent propeAy owner, City Cation, to purchase this propeAy from the City. Action: ~' / e. Public hearing on ~n ordinance vacating the e~st-to west alley Block 27 of the Original Town Pl~t, located be~een Market and Bloomington Street west of Dodge Street. (VAC02-00007) Comment: At its November 7 meeting by a vote of 7-0, the Planning and Zoning Commission recommended approval of the vacation of this right-of- way. Staff recommended approval in a staff repo~ dated November 7. Approval will allow ~ercy Hospital to purchase this properly from the City. Action: ~ ~' December 10, 2002 City of Iowa City Parle 7 f. Consider an ordinance amending Title 14, Chapter 6, Article K, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezonings and Sensitive Areas Site Plans. (First Consideration) Comment: At its October 17 meeting, by a vote of 5-0 (Shannon, Hansen absent), the Planning and Zoning Commission recommended approval of the proposed amendments to the Sensitive Areas Ordinance. The amendments will generally require approval of the Sensitive Areas Site Plan by staff unless an applicant seeks modification of a Sensitive Areas Buffer or seeks modification of other zoning requirements. Staff recommended approval in a memorandum dated September 5, 2002. .g. Consider a resoldtion approving the final plat of North Airport Development Part Two, Iowa City, Iowa. (SUB02-00022) Comment: This resubdivision of Lots 1-4 of the North Airport Development is a 26.74 acre, four-lot commercial subdivision located on the south side of Ruppert Road. Four outlots are proposed to be created to comply with Transitional Safety Zone requirements. It is anticipated the Planning and Zoning Commission will vote on this application at its December 5, 2002 meeting. Staff recommended approval in a staff report dated December 5. h. Consider a resolution approving the final plat of Silvercrest Residential Community, Part 2, Iowa City, Iowa. (SUB02-00017) Comment: At its October 3 meeting by a vote of 7-0 the commission recommended approval of this subdivision subject to staff approval of legal papers and construction drawings prior to City Council consideration of the final plat. The construction drawings and legal papers are being reviewed by staff. Approval is anticipated before December 10. This subdivision will allow the development of 4 24-unit apartment buildings and 4 4-unit townhouse style buildings in the Silvercrest senior housing development. Staff recommended approval in a staff report dated October 3. December 10, 2002 City of Iowa City Parle 8 ITEM 6. EXECUTION OF THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. Comment: The Administrative Plan is a HUD required administrative document which is used in the operations of the Section 8 program. The amended Plan includes changes to the following sections: Section 19, Homeownership Program #19.2 E; Section 3, Eligibility for Admission #3.2 A.6; and Section 5, Selecting Families from the Waiting List #5.2 B & C. No other substantive changes are include--only minor wording and reference updates. A complete copy of all changes is on file at the Iowa City Housing Authority office. a. PUBLIC HEARING o,~ - '~ I/~ b. CONSIDER A RESOLUTION ADOPTING AND AUTHORIZING ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 8, ENTITLED o~- .~DE~.~, "AIRPORT ZONING" BY REPEALING THE EXISTING CHAPTER IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER 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 HEREIN: REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT: PROVIDING FOR ENFORCEMENT: AND IMPOSING PENALTIES. (PASS AND ADOPT) 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. Action: 0~.~ ~//~ _,? U December 10, 2002 City of Iowa City Parle 9 ITEM 8. CONSIDER A RESOLUTION APPROVING A PROPOSED 28-E AGREEMENT ~'~'1'7 FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2003, THORUGH JUNE 30, 2008, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATrEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Comment: This 28-E agreement between the City of Iowa City and Johnson County is for five (5) years starting July 1, 2003 and ending June 30, 2008. The cost for service for FY04 is $687,803. Each subsequent year of the agreement the cost of service will increase 4%. Under this agreement Johnson County will provide door to door paratransit service to Iowa City residents. Action: ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Comment: This is an extension of the current agreement and will provide for PATV, Inc. to operate and program the public access channel through December 31, 2005. Staff and the Iowa City Telecommunications Commission recommend approval of this agreement. Action: ITEM 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND ~c/ THE CITY CLERK TO Al-rEST A SETTLEMENT AGREEMENT BE'I'VVEEN THE CITY OF IOWA CITY, AN IOWA MUNICIPAL CORPORATION (CITY) AND MCC IOWA EEC., A DELAWARE LIMITED LIABILITY COMPANY (MEDIACOM). Comment: The Iowa City Telecommunications Commission has reviewed the settlement agreement and recommends that Council approve it. A memorandum from the Assistant City Manager summarizing the terms of the agreement is included with Council's agenda materials. Action: ITEM 11. PUBLIC DISCUSSION JIF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 12. COUNCIL APPOINTMENTS. a. Board of Adjustment - One appointment 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). December 10, 2002 Cit~/ of Iowa Cit~/ Pa~e 10 b. Airport Zoning Board of Adjustment: One appointment to fill an unexpired term ending December 31, 2003 (3 males and 0 fem~es currentl.y_ se.rve.) c. Airport Zoning Commission: Two appointments to fill unexpired terms. One ending December 31, 2003 and the other ending December 31, 2005. (2 males and 1 female currently serve.) ~,¢~ ITEM 13. ANNOUNCEMENT OF VACANCIES, a. Current Vacancies, (1) Airport Commission: One vacancy to fill a six-year term March 1, 2003 - March 1, 2009. (Term expires for Mark Anderson) (3 males and I female currently serve). (2) Board of Appeals: One vacancy to fill an unexpired term ending December 31, 2006. (Thomas Werderitsch resigned) (5 males and 1 female currently serve). Letter of resignation to staff included in Council packet. (3) Historic Preservation Commission: Four vacancies; one At-Large, one College Green Rep, one East College Street Rep, and one Woodlawn District Rep to fill three-year terms March 29, 2003 - March 29, 2006. (Term expires for Michaelanne Widness, Mark McCallum, James Enloe, Peter Jochimsen) (5 males and 1 female currently serve). (4) Human Rights Commission: One vacancy to fill an unexpired term ending January 1, 2005. (Lucia Page resigned) (5 males and 3 females currently serve). Letter of resignation to staff included in Council packet. (5) Telecommunications Commission: Two vacancies to fill three-year terms March 13, 2003 - March 13, 2006. (Term expires for Cathy Weingeist and Betty McKray) (3 males and 0 females currently serve). Applications must be received by 5:00 p.m., Wednesday, January 15, 2003. ITEM 14. CITY COUNCIL INFORMATION. ITEM '15. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM 16. ADJOURNMENT. -'- ~'"~~~_ City Council Meeting Schedule and December 5, 2002 C~T¥ O~ ~OWA C~T'~ Work Session Agendas www.icgov.org · MONDAY, DECEMBER 9 Emma J. Harvat Hall 6:30p Special Council Work Session · Review Zoning items [Franklin] · Review Agenda Items [Atkins] · Council Appointments: Board of Adjustment (1); Airport Zoning Board of Adjustment (1); Airport Zoning Commission (2) · CDBG/HOME Housing Project Criteria [Franklin] · Request for Resolution to Support School Bond Referendum [Atkins] · Council Time 7:30p Special Council Formal Meeting · Separate Agenda Posted · TUESDAY, DECEMBER 10 Emma J. Harvat Hall 7:00p Special Council Formal Meeting TENTATIVE FUTURE MEETINGS AND AGENDAS · WEDNESDAY, DECEMBER 25 Christmas Holiday - City Offices Closed · THURSDAY, DECEMBER 26 Christmas Holiday - City Offices Closed · WEDNESDAY, JANUARY 1 New Year Holiday - City Offices Closed · MONDAY, JANUARY 6 Emma J. Harvat Hall 6:30p Regular Council Work Session · TUESDAY, JANUARY 7 Emma J. Harvat Hall 7:00p Regular Council Formal Meeting Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation Age. of Consent