Loading...
HomeMy WebLinkAbout2003-05-06 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. Iowa City City Council Agenda Regular Formal CITY OF IOWA CITY May 6, 2003 - 7:00 p.m. Civic Center.- Harvat Hall ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. MAYOR'S PROCLAMATIONS. a. Bicycle Month: May2003 ~_-~r~ c,',~/'/'/~, ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS. a. Shimek Elementary: Eryn Alexander, Claire Hubbard, Winston Kosier ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a.Approval of Official Council Actions for special meeting of April 22, subject to corrections, as recommended by the City Clerk. b. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). (1) Housing and Community Development Commission: March 13 (2) Housing and Community Development Commission: March 20 (3) Iowa City Civil Service Commission: March 6, 7, and 31 (4) Iowa City Human Rights Commission: March 25 (5) Iowa City Library Board of Trustees: March 27 (6) Iowa City Telecommunications Commission: March 24 c.Pemit Motions and Resolutions as Recommended by the City Clerk. Renewals. (1) Class C Beer Permit for DeliMart Corp. dba DeliMart #3, 2410 Mormon Trek Blvd. (2) Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St. (See memo in Council's packet) ~_~- I~.q-- (3) Resolution to issue Cigarette Permit to Liquor House, Ltd., dba Liquor House, 326 S. Clinton St. Ma}/ 6, 2003 Cit}/ of Iowa Cit}/ Page 2 d. Resolutions. ---/~ (1) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DAVE'S FOX HEAD TAVERN, 402 E. MARKET STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Dave's Fox Head Tavern, 402 E. Market Street. Section 453A.22(2) provides that a $300.00 cml 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, Dave's Fox Head Tavern waives its statutory right to have a hearing on whether the civil penalty should be assessed. /,2-~, . (2) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM GASBY'S EAST, 2303 MUSCATINE AVENUE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Gasby's East, 2303 Muscatine Avenue. 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, Gasby's East waives its statutory right to have a hearing on whether the civil penalty should be assessed. (3) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM TOBACCO OUTLET PLUS #537, 923 SOUTH RIVERSIDE DRIVE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from Tobacco Outlet Plus #537, 923 South Riverside Drive. 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, Tobacco Outlet Plus #537 waives its statutory right to have a hearing on whether the civil penalty should be assessed. May 6, 2003 City of Iowa City Parle 3 -/~ ~' (4) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE Q BAR, 311 IOWA AVENUE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22(2), from The Q Bar, 311 Iowa Avenue. 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, The Q Bar waives its statutory right to have a hearing on whether the civil penalty should be assessed. (5) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORES #52, 25 WEST BURLINGTON STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This Resolution accepts payment of a $300 civil penalty, authorized by Iowa Code section 453A.22{2), from Kum & Go Stores #52, 25 West Burlington Street. 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, Kum & Go Stores #52 waives its statutory right to have a hearing on whether the civil penalty should be assessed. /50 (6) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-VEE FOOD STORE #1, 1720 WATERFRONT DRIVE, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $1500.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Hy-Vee Food Store #1, 1720 Waterfront Drive. Section 453A.22(2) provides that a civil penalty may be assessed against a retail cigarette permit holder when its employee is convicted of or pleads guilty to selling or providing tobacco to a minor. The civil penalty for a first such violation is $300.00. The civil penalty for a second violation is, at the permit holder's option, either $1500.00 or a thirty (30) day suspension of the retail ci§arette permit. By making this payment and signing the appropriate waiver, Hy-Vee Food Store #1 elects a $1500.00 civil penalty and waives it s statutory right to have a hearing on whether the civil penalty should be assessed. May 6, 2003 City of Iowa City Parle 4 ~ ~ (7) CONSIDER A RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORE #51, 323 E. BURLINGTON STREET, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003). Comment: This Resolution accepts payment of a $1500.00 civil penalty, authorized by Iowa Code section 453A.22(2), from Kum & Go Store #51, 323 E. Burlington Street. Section 453A.22(2) provides that a civil penalty may be assessed against a retail cigarette permit holder when its employee is convicted of or pleads guilty to selling or providing tobacco to a minor. The civil penalty for a first such violation is $300.00. The civil penalty for a second violation is, at the permit holder's option, either $1500.00 or a thirty (30) day suspension of the retail cigarette permit. By making this payment and signing the appropriate waiver, Kum & Go Store #51 elects a $1500.00 civil penalty and waives its statutory right to have a hearing on whether the civil penalty should be assessed. O~ /~:,oq- (8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY STATES, L.L.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. Comment: Hawkeye-Bay States L.L.C, as landowner, and Iowa City Coffee Co., d/b/a as Java House, seek a renewal of a license agreement for temporary use of public right-of-way at 211 ~ E. Washington St., Iowa City, Iowa for a sidewalk cafe. City staff and Design Review have reviewed the plans and specifications and required submittals and recommend approval of said agreement. /~, (9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 903 IOWA AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 903 Iowa Avenue received assistance through the City's Housing Rehabilitation Program totaling $17,836. The loans on the property are being consolidated into one Mortgage in order to induce University of Iowa Community Credit Union, Iowa City, Iowa to make a loan to the property owner; thus the lien can now be released. D:~-/5/0 (10) CONSIDER A RESOLUTION APPROVING FUNDING FOR THE RACK BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Comment: At their April 23, 2003 meeting, the Council Economic Development Committee recommended that The Rack BBQ be allocated a loan in the amount of $25,000 for job creation. May 6, 2003 City of Iowa Cit~/ Parle 5 0~-I~Z~L (11) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHODD, FIRST ADDITION, AND REPLAT OF PENINSULA NEIGHBORHOOD, FIRST ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report, O'~- /~S (12) CONSIDER A RESOLUTION AMENDING THE FY2003 OPERATING BUDGET. Comment: Information has been available to the public since April 11. e. Correspondence. (1) Kristen Lueken: Bike Trails (2) Smoking: John Robinson, Sarah Bappe (3) Ms. Cletus Funk: MidAmerican Energy (4) Robin Behr: Homeless Shelters (5) Tom Woodruff: DFG Design Award Presentation (6) JCCOG Traffic Engineering Planner: Removal of a Sign Indicating NO PARKING 2 AM - 6 AM TOW-AWAY ZONE on the South Side of the 500 Block of Iowa Avenue; Removal of Signs Indicating AMBULANCE PARKING ONLY BETWEEN SIGNS and TOW-AWAY ZONE from the North Side of the 400 Block of Bloomington Street and Installation of Two On-Street Parking Meters END OF CONSENT CALENDAR. ITEM 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Public Discussion will be continued, if necessary, prior to "City Council Information" item. ITEM 6. PLANNING AND ZONING MATTERS. a. PUBLIC HEARING ON A RESOLUTION AMENDING THE SOUTH CENTRAL DISTRICT PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM OFFICE PARK / COMMERCIAL TO INTENSIVE OR HIGHWAY COMMERCIAL FOR PROPERTY GENERALLY LOCATED EAST OF MORMON TREK BOULEVARD EXTENDED. Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on this Comprehensive Plan amendment at their May 1 meeting. Staff recommended approval in a report dated April 17. Action: /~/J ~ ,~r. zg~..~'~ ~. /I -- Ma}/ 6, 2003 City of Iowa City Page 6 b. PUBLIC HEARING ON A RESOLUTION ANNEXING APPROXIMATELY 150 ACRES OF PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. (ANN03/00001, ANN01-00004) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on this annexation at their May 1 meeting. Staff recommended approval in a report dated April 17. Correspondence included in Council packet. Action: c. PUBliC .EAR,,G O: CE C,ANG,,G T,E ZON,, DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C1-1, INTENSIVE COMMERCIAL FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED. (REZ01-00017) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on this rezoning at their May 1 meeting. Staff recommended approval in a report dated April 17. Action: d. PUBLIC HEARING ON AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS & A1 TO P, PUBLIC, CH-l, HIGHWAY COMMERCIAL, AND ID-RS, SUBURBAN RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. (REZ03- 00013) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on this rezoning at their May 1 meeting. Staff recommended approval in a report dated April 17. Action: Ma}/ 6, 2003 City of Iowa City Parle 7 e. CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. (REZ03-00006) Comment: At its February 6 meeting, by a vote of 6-0 (Chait absent), the Planning and Zoning Commission recommended approval of the rezoning. Staff recommended approval in a memorandum dated February 6. If Council expedites Item f, staff recommends expedited consideration of this item. Property owners of more than 20% of the properties in Block 67 have filed protests of this rezoning, therefore a supermajority (6 of 7) vote of Council is required for this rezoning to pass. (1) Public Hearing (co~d iVl~a~.~. 11,~April 8, and April 22) / (2)Consider an Ordinance (First Consideration) (deferred March 11, April 8, and_ ,A. pr~22) , f. CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET (REZ02-0002'I) Comment: At its February 6 meeting, by a vote of 6-0 (Chair absent), the Planning and Zoning Commission recommended approval subject to conditions regarding the design of any new structure. Staff recommended approval in a report dated January 16. Applicant previously requested expedited consideration. Property owners of more than 20% of the property within 200 feet of 130 North Dubuque Street have filed protests of this rezoning, therefore a supermajority (6 of 7) vote of Council is required for this rezoning to pass. (1) Public Hearing_(continued March 11, April 8, and April 22) (2) Consider an Ordinance (First Consideration) (deferred March 11, April 8, and APril 22) Ma~/ 6, 2003 Cit~/ of Iowa Cit~/ Parle 8 g. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM HIGH DENSITY SINGLE FAMILY / SENSITIVE AREA OVERLAY (RS-12/OSA) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-12/OSA) FOR 2.12 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET. (REZ03-00009)(FIRST CONSIDERATION~')(,~_~ Comment: At its April 3 meeting, by a vote of 4-3 (Bovbjerg, Hansen and Freerks voting no), the Planning and Zoning Commission recommended approval. Additionally, by a 7-0 vote, the Commission recommended that the City Council approve funding for reconstruction of the Foster Road/Dubuque Street intersection and the placement of a traffic signal at said intersection in the next Capital Improvement Program fiscal year. Staff recommended approval in a repoA dated March 6. This rezoning would allow the development of 13 townhouse style units. The City Clerk has received written protests from owners of 19.78% of the properly within 200 feet of this development. This is not sufficient to require a supermajority vote of the City Council (see accompanying memorandum). Correspondence included in Council packet. Action: ~~/~~ h. CONSIDER AN ORDINANCE ~COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFI~ CO'AGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT. {REZ03-00004) (FIRST CONSIDE~TION) Comment: At its March 20 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval. At its October 24 meeting, by a vote of 7-0, the Historic Prese~ation Commission recommended approval. This ordinance will result in one district called the Longfellow Historic District. Staff recommended approval in a memorandum dated Februa~ 6, 2003. Action: ~~,/~, '~~ i. CONSIDER ~ OR~ANCE TO REZONE FROM NEIGHBO~OOD CONSERVATION RESIDENTIAL (RNC-12 & RNC-20), HIGH DENSI~ MULTIFAMILY RESIDENTIAL (RMV4) AND MEDIUM DENSI~ SINGLE FAMILY RESIDENTIAL (RS-8) TO CONSERVATION DISTRICT OVERLAY (RNC-12/OCD, RNC-20/OCD, RM-44/OCD & RS-8/OCD) FOR THE DESIGNATION OF THE COLLEGE HILL CONSERVATION DISTRICT WITHIN THE COLLEGE HILL NEIGHBORHOOD (REZ03-00005) (SECOND CONSIDE~TION) Comment: At its Februa~ 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. At its November 14 meeting, by a vote of 6-0, the Historic Prese~ation Commission recommended approval. This Conse~ation District will provide for the review of signifi~nt exterior building alterations by the Historic Prese~ation Commissi~ ~ May 6, 2003 Cit~/ of Iowa Cit~/ Parle 9 j. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-12), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-12), DESIGNATING THE PROPERTY LOCATED AT 30 SOUTH GOVERNOR STREET AN IOWA CITY HISTORIC LANDMARK. (REZ03-00001) (SECOND CONSIDERATION) Comment: At it February 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. At its November 14 .meeting, by a vote of 6-0, the Historic Preservation Commission recommended approval. Historic Landmark designation will provide for the review of exterior building alterations by the Historic Preservation Commission. k. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING THE PROPERTY AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ03-00002) (SECOND CONSIDERATION) Comment: At it February 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. At its November 14 meeting, by a vote of 6-0, the Historic Preservation Commission recommended approval. Historic Landmark designation will provide for the review of exterior building alterations by the Historic Preservation Commission. Action: I. CONSIDER AN ORDINANCE CHANGING THE ZONIN(~DESIGNATION,~_,~ FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (IHP/RNC-20), DESIGNATING THE PROPERTY AT 726 IOWA AVENUE AS AN IOWA CITY HISTORIC LANDMARK. (REZ03-00003) (SECOND CONSIDERATION) Comment: At it February 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. At its November 14 meeting, by a vote of 6-0, the Historic Preservation Commission recommended approval. Historic Landmark designation will provide for the review of exterior building alterations by the Historic Preservation Commission. Action: Ma}/ 6, 2003 Cit~/ of Iowa City Pa~e 10 ~.~--~D~7¢ m. CONSIDER ANv ORDINANCE TO AMEND AN EXISTING PLANNED DEVELOPMENT HOUSING PLAN (OPDH-8) TO ALLOW A 64-UNIT RESIDENTIAL DEVELOPMENT FOR LOT 255 OF WINDSOR RIDGE, PART 12, A 7.93 ACRE DEVELOPMENT LOCATED AT COURT STREET AND ARLINGTON DRIVE. (REZ02-00022) (PASS AND ADOPT) Comment: At its February 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. This amendment will allow the construction of 28 townhouse-style dwellings, 3 12-unit multi-family buildings, a trail and open space amenities on this property. Staff recommended approval in a memorandum dated February 6. Applicant previously requested expedited consideration. Action: (~~/L~ '~-~.~d.~-~-~_. p ~ ~ n. CONSIDER AN ORDINANCE VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET. (VAC00-00001) (PASS AND ADOPT) Comment: At its May 4, 2000 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the vacation. Staff recommended approval in a report dated April 6, 2000. This item has been deferred to give the applicants time to obtain an appraisal and make a purchase offer for the right-of-way. Deferred from March 11 meeting. This should be deferred until after passage of Items 10 and 11. c~-*' I~ o. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PARTS 7,8 AND 9, A 44-LOT, 19.01-ACRE SUBDIVISION LOCATED AT DUBLIN DRIVE. Comment: At its April 17 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. This subdivision will allow the development of 44 single- family homes. Action: ~~2 jd¢::~ ~ ~j-~/"~ p. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR PART 8, IOWA CITY, IOWA. Comment: At its April 17 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. This subdivision will allow the development of 22 single- family homes. Action: ("~~/~'~ Ma~/ 6, 2003 City of Iowa Cit~/ Parle 11 o~-/~°1 q. CONSIDER A RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF HARNEY'S HOMESTEAD, JOHNSON COUNTY, IOWA. Comment: At its April 17 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. This subdivision will allow the development of 1single- family home. Action: ITEM 7. PUBLIC HEARING ON THE PROPOSED HIGHWAY 6 COMMERC N RENEWAL PLAN. Comment: The proposed urban renewal plan would make available the use of tax increment financing for projects in the area more commonly referred to as the commercial properties along the south side of Highway 6. At its February 27, 2003 meeting, the Council Economic Development, by a 3-0 vote, recommended that the Council adopt said plan. Included in the Council packet are memos regarding the consultation with the affected taxing entities and the Planning & Zoning Commission's recommendation. Action: / ITEM 8. PUBLIC HEARING ON PROPOSED AMENDMENT #1 TO THE SYCAMORE & FIRST AVENUE URBAN RENEWAL PLAN. Comment: The proposed amendment would expand the urban renewal area, allow the use of tax increment financing in this area, and update other portions of the Plan. At its February 20, 2003 meeting, the Council Economic Development, by a 3-0 vote, recommended that the Council adopt this amendment. Inctuded in the Council packet are memos regarding the consultation with the affected taxing entities and the Planning & Zoning Commission's recommendation. Action: ~¢,- _/~,~ May 6, 2003 City of Iowa City Parle 12 ITEM 9. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 2003 ASPHALT RESURFAClNG 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 biennial project involves the asphalt resurfacing and chip sealing of various streets throughout Iowa City. The estimated construction cost is $548,300 and will be funded with Road Use taxes. a. PUBLIC HEARING II ~--/~/ b. CONSIDER A RESOLUTION APPROVING ITEM 10. CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO PHYLLIS TUCKER. Comment: City Council is considering an ordinance vacating a twenty foot wide by sixty feet long portion of the alley located between 405 South Summit Street and 338 South Governor Street. Public hearing on the conveyance of the alley to the adjacent property owners was previously continued to May 6, 2003. Phyllis Tucker, as the owner of the adjacent property to the west (338 South Governor Street), is obtaining an appraisal and plans to submit a new offer to purchase the alley property based on that appraisal. She has not submitted her new offer yet, but expects to do so before the June 10, 2003 City Coundl meeting. City Staff recommends that the public hearing be further continued, until the June 10, 2003 City Council meeting. Pending a new purchase offer for the right-of-way, Staff recommends deferral to the June 10, 2003 Council meeting. a. PUBLIC HEARING (continued February 4 and March 11) b. CONSIDER A RESOLUTION AUTHORIZING (deferred February 4 and March 11 ) May 6, 2003 City of Iowa City Parle 13 ITEM 1'1. CONVEYANCE OF THE EAST ONE-HALF OF A TWENTY-FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO SUE M. TRAVlS AND ANDREW D. ROBERTSON. Comment: City Council is considering an ordinance vacating a twenty foot wide by sixty feet long podion of the alley located between 405 South Summit Street and 338 South Governor Street. Public hearing on the conveyance of the alley to adjacent property owners was previously continued to May 6, 2003. Sue M. Travis and Andrew D. Robertson, as owners of the adjacent property to the east (405 South Summit Street), are obtaining an appraisal and plan to submit a new offer to purchase the alley property based on that appraisal. They have not submitted their new offer yet, but expect to do so before the June 10, 2003 City Council meeting. City Staff recommends that the public hearing be further continued, until the June 10, 2003 City Council meeting. Pending a new purchase offer for the right-of-way, Staff recommends deferral to the June 10, 2003 Council meeting. a. PUBLIC HEARING (continued February 4 and March 11) b.CONSIDER A RESOLUTION AUTHORIZING (deferred February 4 and March 11) ITEM 12. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED "HOUSING CODE," TO ADD REGULATIONS FOR RENTAL PROPERTIES WHEREON TWO OR MORE SEPARATE OCCASIONS WITHIN A '12-MONTH PERIOD OF TIME THE ISSUANCE OF A CRIMINAL COMPLAINT, MUNICIPAL INFRACTION, OR A WRITTEN NOTICE OF VIOLATION HAS OCCURRED. (SECOND CONSIDERATION) Comment: The Neighborhood Relations Task Force has recommended amending the City Code to require increased accountability for landlords and tenants of "nuisance rental properties". The taskforce recommended that the City develop a process to identify and address properties that are subject to numerous or serious complaints, including a method for identifying such properties, establishing a process to work with the owners of such properties, and standards for meeting compliance. "Nuisance rental properties" are those properties that have chronic Code violations, and, therefore, have a negative impact on the quality of life, safety, and health of the neighborhood where they are located. The proposed ordinance is intended to eliminate nuisance-related activities by providing a process for abatement and holding responsible the property owner, tenants, and/or other relevant parties whose actions are necessary to correct the problems. Ma}/ 6, 2003 Cit}/ of Iowa Cit}/ Parle 14 ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY o.~ -~D "/c,~ FINANCES, TAXATION AND FEES", CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES," TO ADD CERTAIN SECTIONS TO SECTION 8, ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS" AND ADD A NEW SECTION 9, ENTITLED "NON- MOTORIZED VEHICLE VIOLATIONS," IN ORDER TO SET SPECIFIC FINES FOR CERTAIN VIOLATIONS. (PASS AND ADOPT) Comment: The City Attorney's Office recommends that the City Code be amended to set specific fines for certain violations. Such an amendment would allow the District Court to assess the specified fine when a defendant fails to appear in court, rather than issue an arrest warrant. ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC uS - Bo q ~ BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," OF THE CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER NINETEEN (19) YEARS OF AGE FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 PM AND CLOSING. (PASS AND ADOPT) Comment: This ordinance would prohibit holders of liquor licenses or wine or beer permits from allowing persons who are under nineteen (19) years of age to enter or remain in the licensed or permitted establishment between the hours of 10:00 p.m. and closing, and prohibit such persons from entering or remaining in the licensed or permitted establishment unless an exemption applies. Staff previously requested expedited consideration. ITEM 15. CONSIDER A RESOLUTION TO ADOPT THE COMPREHENSIVE SET OF RECOMMENDATIONS AND SCHEDULE OF MEMBERSHIP FEES, {~~-~-~ OUTLINED IN PLANNING FOR CHANGE: FY04 FUNDING, OPERATIONAL ) ~ AND PROGRAMMING CHANGES AT THE IOWA CITY~JOHNSON COUNTY SENIOR CENTER, THAT WERE DEVELOPED AND APPROVED BY THE SENIOR CENTER COMMISION. 0'-~-/z/-~) Comment: The Senior Center Commission, with input from Senior Center participants, community members, experts in the field of aging, and staff, developed and approved for submission to the City Council of Iowa City a comprehensive set of recommendations intended to balance the Senior Center's operational budget and expand participation. The recommendations include budget reductions, fundraising, programming changes, and membership fees for access to selected programs and services offered by the Senior Center. Consideration deferred April 22. Correspondence included in Council packet. , Action: Ma}/ 6, 2003 City of Iowa City Parle 15 ITEM 16. CONSIDER A RESOLUTION ADOPTING IOWA ~ITY'S FY04 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2001-2006 b.~ ~ ~ CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Comment: At their April 22, 2003 meeting, the Iowa City Housing and Community Development Commission (HCDC) discussed the FY04 Annual Action Plan. HCDC requested minor text changes and unanimously recommended that City Council approve the FY04 Annual Action Plan. In addition, the City Council held a public hearing on April 22, 2003 to receive public input regarding the proposed FY04 Annual Action Plan. A copy of the FY04 Annual Action Plan was provided to the Council in the April 22 packet. To receive federal fiscal year 2003 funding, this document must be submitted to the U.S. Department of Housing and Urban Development (HUD) by May 15, 2003. ~;"~' Action: ~/p~.~-)/~ O' IZ/ IIEM '17. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING O~ - I'°r~ THE MAYOR TO SIGN AND THE CITY CLERK TO ATDEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE PEDESTRIAN BRIDGE REHABILITATION PROJECT. Comment: Bids for this project were opened on April 2g, 2003 and the following bid was received: trainer & Associates, Inc. Des Moines, IA $ 205,880.00 Engineer's Estimate $1 @5,000.00 Public Works and Engineering recommend award of the contract to Cramer & Associates, Inc. of Des Moines, Iowa. Tho IDOT will fund 50%, The University of Iowa 25% and the City of Iowa City the remaining 25% utilizing Road Use tax proceeds. Action: /'~ ',~/ ~ May 6, 2003 City of Iowa City Parle 16 ITEM 18. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING - /~ THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE 2003 PARKING RAMP MAINTENANCE AND REPAIR PROJECT. Comment: Bids for this project were opened on April 29, 2003, and the following bids were received: Base Bid Alternate Bid Paragon Constructors, Inc. Minneapolis, MN $ 242,087.75 $ 27,204.00 Restoration Systems, Inc. Chaska, MN $ 290,652.00 $ 43,285.50 Brent Anderson Associates Fridley ,MN $ 299,737.55 $ 42,590.75 Western Waterproofing West Des Moines, IA $ 303,712.56 $ 42,957.99 Borwig Building Services Waterloo, IA $ 319,710.00 $ 31,536.00 E & H Restoration LLC Davenport, IA $ 366,673.01 $ 50,422.20 Engineer's Estimate $ 302,500.00 Public Works and Engineering recommend award of the contract to Paragon Constructors, Inc. of Minneapolis, Minnesota in the amount of $269,291.75, including the alternate bid. This project will be funded with Parking Improvement Reserve money. Action: /~/~~'~'. / ~'~~ ITEM 19. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 20. ANNOUNCEMENT OF VACANCIES. a. Current Vacancies. (1) Housing and Community Development Commission: Three vacancies to fill three-year terms September 1, 2003 - September 1, 2006. (Term expires for Rick House, Morgan Hoosman, Amy Correia) (4 males and 2 females currently serve). (2) Police Citizens Review Board: One vacancy for a current or former Peace Officer to fill a four-year term September 1, 2003 - September 1, 2007. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer as that term is defined by State law. (Term expires for John Watson) (3 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JUNE 18. b. Previously-Announced. (1) Airport Zoning Board of Adjustment: One vacancy to fill an unexpired term ending December 31, 2003 (3 males and 0 females currently serve.) (2) Airport Zoning Commission: One vacancy to fill an unexpired term ending December 31, 2003. (3 males and 1 female currently serve.) May 6, 2003 City of Iowa City Parle 17 /3) Historic Preservation Commission: One vacancy for a Woodlawn District Rep to fill a three-year term March 29, 2003 - March 29, 2006. (Term expires for Peter Jochimsen) (8 males and 1 female currently serve). (4) Library Board of Trustees: Three vacancies to fill six-year terms July 1, 2003 - July 1, 2009. (Term expires for Linda Dellsperger, Lisa Parker, Shaner Magalhaes) (3 males and 3 females currently serve). (5) Telecommunications Commission: One vacancy to fill an unexpired term ending March 13, 2004. (Kembrew McLeod resigned) (3 males and 1 female currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MAY 14. ITEM 21. ~ITY'COUNCIL INFORMATION. / ITEM 22. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk, c. City Manager, ITEM 23. ADJOURNMENT. NOW AVAZLABLE: City Council Agenda support documents on-line at www.icgov.org/councilagendas.asp City Council Information Packets on-line at www.icgov.org/councilpackets.asp City Council Meeting Schedule and May1,2003 '"~ ~ Work Session Agendas C,T~ o~ iow^ C,T~ www.icgov.org REVISED · MONDAY, MAY 5 Emma J. Harvat Hall 6:30p Special Council Formal Meeting · Separate Agenda Posted To Follow Formal Council Work Session Review Zoning Items [Miklo] · Review Agenda Items [Atkins] · Council Time · FAIR [Kubby] · Sycamore/First Ave and Highway 6 TIF Districts [Nasby] · CDBG/HOME Annual Action Plan [Nasby] · Airport Business Plan Update [O'Neil] · TUESDAY, MAY 6 EmmaJ. HarvatHall 7:00p Council Formal Meeting · Separate Agenda Posted TENTATIVE FUTURE MEETINGS AND AGENDAS I · MONDAY, MAY 19 EmmaJ. HarvatHall 6:30p Council Work Session · TUESDAY, MAY 20 Emma J. Harvat Hall 7:00p Council Formal Meeting · MONDAY, MAY 26 Emma J. Harvat Hall Memorial Day Holiday - City Offices Closed · MONDAY, JUNE 9 EmmaJ. HarvatHa/I 6:30p Special Council Work Session · TUESDAY, JUNE tO EmmaJ. HarvatHall 7:00p Special Council Formal Meeting Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation =~ City CounCiIwork SessionMeetingA,~ ,~Schedule and May 4.2°°3 C,T¥ OF iOWA c~-v .~=en..as www.icgov.org · MAY 5 Emma J. Harvat Hall 6:301 Special Council Formal Meeting · Separate Agenda Posted To Follow Council Work Session · Review Zoning Items [Miklo] · Review Agenda Items [Atkins] · Council Time ~. Sycamore/First Ave and Highway 6 TIF Districts [N CDBG/HOME Annual Action Plan [Nasby] · rport Business Plan Update [O'Neil] / · TUESDAY, MAY 6 Emma J. Harvat Hall 7:00p Se enda Posted TENTATIVE MEETII ;AND AGENDAS · MONDAY, MAY 19 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, MAY 20 Emma J. Harvat Hall 7:00p Counc · MONDAY, MAY 26 Emma J. Hah/at Hall Me/q~rial Day Holiday- ~ Closed · MONDAY, JUNE 9///' Emma J. Harvat Hall __6:30p ~/_Sp~ecial Council Work Session___ '~,, ·TUESDAY, d)3NE 10 ~,, Emma J. Harvat Hall / 7:00p/ Special Council Formal Meeting · MONDAY, JUNE 23 Emma J. Ha/vat Hall 6:30p Special Council Work Session Meeting dates~imes/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation