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HomeMy WebLinkAbout2003-05-20 AgendaSub ect 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 May 2003 - 7:00 p.m. I Civic Center - Harvat Hall 4:~0 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ROLL CALL. - ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. % a. Approval of Official Council Actions for the special meeting of May 5 and the regular meeting of May 6, subject to corrections, as recommended by the City Clerk. b. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). (1) Historic Preservation Commission: April 10 (2) Historic Preservation Commission: April 24 (3) Iowa City Board of Adjustment: April 9 (4) Iowa City Human Rights Commission: February 25 (5) Planning and Zoning Commission: April 17 (6) Police Citizens Review Board: April 9 Recommendations: Accept PCRB Report on Complaint #02-01; Accept PCRB Report on Complaint #02-02; Amend PCRB by-laws and refer to Rules Committee. (7) PublicArt Advisory Committee: April 3 c.Permit Motions and Resolutions as Recommended by the City Clerk. New. (1) Special Class C Liquor License for Mei Hui Lin dba China Moon, 1931 Broadway St. Renewals. (2) Class C Beer Permit for Nordstrom Oil Company, dba Dubuque Street HandiMart, 204 N. Dubuque St. (3) Class B Wine Permit for Nordstrom Oil Company, dba Dubuque Street HandiMart, 204 N. Dubuque St. (4)Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 South. (5)Class C Beer Permit for Suburba~ Investors, LC, dba Suburban AMOCO, 370 Scott Ct. (6) Refund an unused portion of a Class C Liquor License for Devotay, Inc., dba Adagio, 325 E. Washington St. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: Deputy City Clerk DATE: May 20, 2003 RE: Additions\Revisions May 20 agenda ~:b. MAYOR'S PROCLAMATION:--~--~'" -~-~--E~_,.c~Lunch Program Month CONSENT CALENDAR ITEM NO. 2e(2) (Additions) Budget: Dorothy and Clarence Haverkamp, Judith Jensen, Edwin Barker, Joshua Schamberger, Charles Goldberg, Joe Jordison, Nila Haug, Steve Panther, Bruce Kinseth, Craig Simpson, Emily Deacon, Debbie Bullion, Laurie Calloway, Michael Welcher (2), Joyce and Phil Ropp, Jay LeaYesseur, Justine Zimmer, Elizabeth Aubrey, Mara McCann,John and Sandra Hudson (2), Steve Grismore, John Loomis, Mike Carberry, Deb Dunkhase and Fran Jensen, Astrid Bennett, Susan Boehlje, Patricia Forsythe, Kevin Boyd (2) ITEM 5 (Revised) RESOLUTION ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT HEARING FROM THE AIRLINER May 20, 2003 Cit~/ of Iowa City Parle 2 d. Resolutions. (1) CONSIDER A RESOLUTION ACCEPTING THE WORK o~-I~, FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SIXTEEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. O~- I~l ~, (2) CONSIDER A RESOLUTION NAMING DEPOSITORIES. Comment: This resolution will include the following change: Add a depository listing the home and local offices and maximum balance. In September 2002, Liberty Bank opened an Iowa City branch. The corporate headquarters is in West Des Moines, and the local bank is located at 702 South Gilbert Street, Iowa City. ~)~- I~ (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATI'EST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT '1664 DICKENSON LANE, IOWA CITY, IOWA. Comment: Nationwide Advantage Mortgage Company, West Des Moines, Iowa has requested that the City approve a Subordination Agreement for 1664 Dickenson Lane to refinance a mortgage. On February 12, 1998, the owner of the property received a loan from the City of Iowa City's Community Development Block Grant Funds for the amount of $61,400. The property is appraised for $110,000 which provides enough equity to cover the City's second lien position. O_~-I'~L~ (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AFrEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA, FOR PROPERTY LOCATED AT '1664 DICKENSON LANE, IOWA CITY, IOWA. Comment: Nationwide Advantage Mortgage Company, West Des Moines, Iowa has requested that the City approve a Subordination Agreement for 1664 Dickenson Lane to refinance a mortgage. On August 3, 2000, the owners of the property received a loan from the City of Iowa City's Downpayment Assistance Program for the amount of $3,000. The property is appraised for $110,000 which provides enough equity to cover the City's second lien position. May 20, 2003 City of Iowa City Parle 3 O._~-/z~c~ (5) 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 313 WOODSIDE DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 313 Woodside Drive received assistance through the City's Downpayment Assistance Program totaling $3,000. The loan has been paid off; thus the lien can now be released. - I~O (6) 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 AT 913 NORTH GILBERT STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 913 North Gilbert Street received assistance through the City's Housing Rehabilitation Program totaling $14,723. The financing was in the form of a five-year declining balance loan and an conditional occupancy loan. The loans have been paid off; thus the lien can now be released. e. Correspondence. (1) Jong Ho Chung: Finkbine Golf Course (2) Doris Houser: Budget ~ ~ (3) Jennifer Wilson: Transit (4) Roger Alberts: Senior Center (5) John Castle (Corps of Engineers): Memorial Day Invitation (6) Caroline Dieterle: Patriot Act II (7) Garry Klein: Public Library Accessibility [Library Director response included as well as response from Mr. Klein to Library Director] (8) JCCOG Traffic Engineering Planner: Installation of Two TOW-AWAY ZONE Signs on the South Side of Iowa Avenue; Installation of a Bus Stop Sign on Court Street; Removal of Two NO PARKING 8 AM - 5 PM MONDAY - FRIDAY Signs and Installation of Two NO PARKING ANYTIME Signs on the North Side of Grove Street (9) Correspondence previously distributed: Budget: Terry Dunlap, Bonnie Love, Jonn Castagna, John and Sandra Hudson, Judy Pfohl, Charlie Funk and Joe Raso, John Loomis; Old Capitol Flag Raising: Jane Van Voohis END OF CONSENT CALENDAR. ITEM 3. 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: Deputy City Clerk DATE: May 20, 2003 RE: Additions\Revisions May 20 agenda ITEM 1 b. MAYOR'S PROCLAMATION: Free Lunch Program Month ~'~ONSENT CALENDAR ~---'~~ ITEM NO. 2e(2) (Additions) Budget: ~ Dorothy and Clarence Haverkamp, Judith Jensen,"--..~ Edwin Barker, Joshua Schamberger, Charles Goldbei'~. Joe Jordison, Nila Haug, Steve Panther, B crue Kinseth,~ Craig Simpson, Emily Deacon, Debbie Bullion, Laurie Calloway, Michael Welcher (2), Joyce and Phil Ropp, Jay LeaVesseur, Justine Zimmer, Elizabeth Aubrey, Mara McCann,John and Sandra Hudson (2), Steve Grismore, John Loomis, Mike Carberry, Deb Dunkhase Fran Jensen, Astrid Bennett, Susan Boehlje, ~ rsythe, Kevin Boyd (2) ~ ITEM 5 (Revised) RESOLUTION ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT HEARING FROM THE AIRLINER May 20, 2003 City of Iowa City Parle 4 ITEM 4. PLANNING AND ZONING MATTERS. a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (PDH-5) PLAN FOR THE PENINSULA NEIGHBORHOOD LOCATED ON FOSTER ROAD. (REZ03-00016) Comment: It is anticipated that the Planning and Zoning Commission will make a recommendation on amendments to the Peninsula Neighborhood Code and Regulation Plan at their May 15 meeting. Staff recommended approval in a staff report dated May 15. The code amendments include: 1) addition of a new housing type - cottage flats or duplexes; 2) allowing for bay windows; 3) providing for changes in grade to make it easier to provide access for persons with disabilities 4) allowing home occupations to occur on upper floors and 5) removing the requirement for balconies for apartment buildings. b. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH DUBUQUE STREET SOUTH OF COURT STREET. (REZ03-00012) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. In a staff report dated April 17, staff recommended approval. This rezoning will change the land uses permitted on this property to residential rather than a mix of commercial on the ground floor and commercial or residential on upper floors allow by the current CB-2 zone. Action: c. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO SENSITIVE AREAS OVERLAY MEDIUM- DENSITY SINGLE-FAMILY (OSA-8) AND A PRELIMINARY AND FINAL PLAT OF DONAHUE SUBDIVISION A 6.91-ACRE, 2-LOT, RESIDENTIAL SUBDIVISION LOCATED AT 1515 N. DUBUQUE ROAD. (REZ03- 000 0 SUB03-00002) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. In a staff report dated April 17, staff recommended approval. This subdivision requires a Sensitive Areas Overlay rezoning because the applicant has requested a reduction of a buffer for a protected slope. Action: ~--~X.~ ~-~- "~ ~,~ 20, 2003 Cit}/of Iowa Cit~/ Parle 5 d. CONSIDER A MOTION SE'i-rING A PUBLIC HEARING FOR JUNE 10 ON AN ORDINANCE REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY SINGLE-FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE SOUTH OF SCOTr PARK. (REZ03-00014/SUB03-00013) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. In a staff report dated May 1, staff recommended approval. This rezoning will allow single-family residential development to occur on this property. Action: ~'~o-~..--~x~,.~. (~' ~"~-,..~.._~__ e. CONSIDER 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: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. Action: ~----~'~-,~ ,A¢'~ ~,, f.~ f. CONSIDER a RESOLUTION ANNEXING APPROXIMATELY 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: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. Approval of this annexation will allow this property to develop within Iowa City. g. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO CI-1, INTENSIVE COMMERCIAL FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK (REZ01-00017) (FIRST CONSIDERATION)~.) BOULEVARD EXTENDED. Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. The CI-1 zone will allow commercial development of this property. Action: ~-~L,~,~. ,-,-.,. May 20, 2003 City of Iowa City Parle 6 h. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS & Al TO P, PUBLIC, CH-l, HIGHWAY COMMERCIAL, C1-1, INTENSIVE COMMERCIAL, AND ID-RS, SUBURBAN RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. (REZ03-000'I3) (FIRST CONSIDERATION) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated April 17. The CH-1 and C1-1 zones will allow commercial development of this property. Action: i. CONSIDER AN ORDINANCE COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITr COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE LONGFELLOW HISTORIC DISTRICT. (REZ03-00004) (SECOND CONSIDERATION) 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 Preservation Commission recommended approval. This ordinance will result in one district called the Longfellow Historic District. Staff recommended approval in a memorandum dated February 6, 2003. Action: ~--...~,~-4~,~ ~ o.~-,...~ , Db~'~O r/~L j. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. (REZ03-00006) (PASS AND ADOPT) 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 k, 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. Action: May 20, 2003 City of Iowa City Parle 7 ~_,~r/~ k. CONSIDER AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET (REZ02-00021) (PASS AND ADOPT) 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 supermajodty (6 of 7) vote of Council is required for this rezoning to pass. Action: ~.,~.~,X.~ ,.,.,.~,~,_~ L[-O~/ lo I. 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)(PASS AND ADOPT) (, ?/a~_~ ~_~) Comment: At its April 3 meeting, by a vote of 4-3 (Bovbjerg, Hansen a'hd 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 report 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 property within 200 feet of this development. This is not sufficient to require a supermajority vote of the City Council. Applicant previously requested expedited consideration. , Action: ~~"X3 ,-~,,-.~.~.~,,_, [[ ,_., Ma~/ 20, 2003 Cit~/ of Iowa Cit~/ Parle 6 \%, ~ -77. m. CONSIDER A~ ORDINANCE TO REZONE FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12 & RNC-20), HIGH DENSI~ MULTIFAMILY RESIDENTIAL (RM-44) AND MEDIUM DENSI~ SINGLE FAMILY RESIDENTIAL (RS-8) TO CONSERVATION DISTRICT OVERLAY (RNC-12/OCD, RNC-20/OCD, RM~/OCD & RS-8/OCD) FOR THE DESIGNATION OF THE COLLEGE HILL CONSERVATION DISTRICT WITHIN THE COLLEGE HILL NEIGHBORHOOD (REZ03-00005) (PASS AND ADOPT) 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 significant exterior building alterations by the Historic Prese~ation Commission. Action: ~~' ~, L[~ n. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-12), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-12), DESIGNATING THE PROPER~ LOCATED AT 30 SOUTH GOVERNOR STREET AN IOWA CI~ HISTORIC LANDMARK. (REZ03-00001) (PASS AND ADOPT) Comment: At it 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. Historic Landmark designation will provide for the review of exterior building alterations by the Historic Prese~ation Commission. Action: ~~% ~' ~~_. ~ ~ o. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING THE PROPER~ AT 802 WASHINGTON STREET AS AN IOWA CI~ HISTORIC ~NDMARK. (REZ03-00002) (PASS AND ADOPT) Comment: At it 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. Historic Landmark designation will provide for the review of exterior building alterations by the Historic Prese~ation Commission. Ac ,on: Ma}/20, 2003 City of Iowa Cit}/ Parle 9 o.~- ~D~:D p. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (IHPIRNC-20), DESIGNATING THE PROPERTY AT 726 IOWA AVENUE AS AN IOWA CITY HISTORIC LANDMARK. (REZ03-00003) (PASS AND ADOPT) 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: q. CONSIDER A RESOLUTION APPROVING A FIlL P~T OF HOLL~OOD MANOR, PART 8. (SUB03-00012) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission re~mmended approval. In a staff repod dated May 1, staff re~mmended approval. Holl~ood Manor is a 6.36-acre, 22-1ot single-family residential subdivision lo.ted on Wetherby Drive south of Burns Avenue. Action: ~' ~~. ~~ o~ {~ ~ r. CONSIDER A RESOLUTION APPROVING THE EXT~TERRITORIAL FIN~ P~T OF WINDY ME~OWS ~DITION, JOHNSON COUNt, IOWA. (SUB03-00010) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and zoning Commission recommended approval of Windy Meadows Addition, a 13.43 acre, 2-lot final plat at 3125 Rohret Road. Staff recommended approval in a repod dated May 1. Action: O~-~ s. CONSIDER A RESOLUTION APPROVING THE AMENDED FINAL M~UFACTURED HOUSING SITE P~ OF S~DLEBROOK ADDIDTION, P~T 2, LOTS 4, 5, 6, 7, & 8, IOWA CI~, IOW~ (SUB03- 00015) Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission re~mmended approval. In a staff repoA dated May 1, staff recommended approval. This amendment will revise the intersection of Shire Lane and Paddock Circle. Action: May 20, 2003 City of Iowa City Parle 10 ITEM 5. A CIVIL PENALTY OF EITHER $1500.00 AGAINST OR A THIRTY (30) DAY SUSPENSION OF THE RETAIL OF THE AIRLINER, PUR~S~ANT TO IOWA CODE This hearing is the time designated the Council to consider should be adopted assessing penalty authorized by Iowa ration 453A.22(2) against The Airliner. South Clinton Street. Section (2) provides that, after a hearing, civil penalty will be assessed to a cigarette permit holder when and that permit holder's employee is of or pleads guilty to sellingor tobacco to a minor. The civil ~lty for the second time the permit employee is ~ convicted of or guilty to selling or providing tobacco minor is either ~ ~--..-) $1500.00 or a thirty day suspension of the retail permit, at the option of the permittee., a part of the hearing, the Council will with information establishing employee of permit holder The Airlin~ of or pled guilty to a char( = selling or providing tobacco to a minor that this is the second such of this holder within a two-year period, holder's representative will the opportunity to provide the with information s/he deems The Council will then decide assess the requested civil penalty -I, if it decides to do so, will adc an Resolution. The hearing not provide the opportuni~ (1) HEARING (2) CONSIDERA RESOLUTION ~' City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: Deputy City Clerk DATE: May 20, 2003 RE.' Additions\Revisions May 20 agenda ITEM 1 b. MAYOR'S PROCLAMATION: Free Lunch Program Month CONSENT CALENDAR ITEM NO. 2e(2) (Additions) Budget: Dorothy and Clarence Haverkamp, Judith Jensen, Edwin Barker, Joshua Schamberger, Charles Goldberg, Joe Jordison, Nila Haug, Steve Panther, Bruce Kinseth, Craig Simpson, Emily Deacon, Debbie Bullion, Laurie Calloway, Michael Welcher (2), Joyce and Phil Ropp, Jay LeaVesseur, Justine Zimmer, Elizabeth Aubrey, Mara McCann,John and Sandra Hudson (2), Steve Grismore, John Loomis, Mike Carberry, Deb Dunkhase and Fran Jensen, Astrid Bennett, Susan Boehlje, Patricia Forsythe, Kevin ~ __ ITEM 5 (Revised)RESOLUTIO-~ AC---~~ p--ENALTY ANE~ WAIVER ~ HEARING FROM THE AIRLINER May 20, 2003 City of Iowa City Parle 11 ITEM 6. A CIVIL PENALTY OF $1500.00 AND A THIRTY (30) DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST A & J MINI MART, iNC., PURSUANT TO IOWA CODE SECTION 453A.22(2). Comment: This hearing is the time designated for the Council to consider whether a Resolution should be adopted assessing civil penalty authorized by Iowa Code section 453A.22(2) against A & J Mini Mart, Inc., 2153 ACT Circle. 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. The civil penalty for the second time the permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor is either $1500.00 or a thirty (30) day suspension of the retail cigarette permit, at the option of the permittee. The civil penalty for the third time the permit holder's employee is convicted of or pleads guilty to selling or providing tobacco to a minor is both $1500.00 and a thirty (30) day retail cigarette permit suspension. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder A & J Mini Mart was convicted of or pled guilty to a charge of selling or providing tobacco to a minor and that this is, at least, the third such conviction or guilty plea of an employee of this permit holder within a three- year period. The permit holder's representative will then have the opportunity to provide the Council with information s/he de e ms 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. (1) .EARI. , \ (2) CONSIDER A RESOLUTION ASSESSING ITEM 7. CONSIDER AN ORDINANCE REPEALING TITLE 6, "PUBLIC HEALTH", CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS" OF THE CITY CODE. (FIRST CONSIDERATION) Comment: As a result of the Iowa Supreme Court's decision in James Enterprises, Inc. v. City of Ames, issued on May 7, 2003, Iowa City's Ordinance prohibiting smoking in certain food establishments is inconsistent with State law and unenforceable. The City Attorney recommends that the ordinance be repealed. Action: May 20, 2003 City of Iowa City Pa~e 12 ITEM 8. CONSIDER A RESOLUTION DETERMINING AN AREA OF THE CITY TO BE )2'~ AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR. Comment: The designation of Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Area will allow the City to use tax increment financing for public infrastructure improvements and financial incentives to qualifying businesses. The Planning and Zoning Commission found that Amendment No. 1 of the Sycamore & First Avenue Renewal Plan conforms with the Iowa City Comprehensive Plan, 1997 after their April 3 and 17, 2003, meetings. On April 17, 2003, a formal consultation was held with representatives of the affected taxing entities. None of the affected taxing entities have provided written recommendations regarding the division of revenue as set forth under the Plan. All persons or organizations desiring to be heard on said proposed Amendment, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed. Action: ~ c.~,~ ~\ ~_ \ ~.~ b_ % ~L\ ¥?'~ ~,,~-~.~ ITEM 9. CONSIDER AN ORDINANCE AMENDING ORDINANCE NO, 00-3947, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED SYCAMORE AND FIRST AVENUE URBAN RENEWAL AREA OF THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED SYCAMORE AND FIRST AVENUE URBAN RENEWAL REDEVELOPMENT PROJECT (FIRST CONSIDERATION) Comment: The adoption of Amendment No. 1 to the Sycamore & First Avenue Tax Increment Financing District Ordinance establishes the mechanism by which incremental property tax revenue will be made available to the City for the purposes of financing public infrastructure improvements and providing financial assistance to qualifying businesses. Action: k~ ~.~,.,~'~ '-" May 20, 2003 City of Iowa City Parle 13 ITEM 10. CONSIDER A RESOLUTION DETERMINING AN AREA OF THE CITY TO BE ~' AN ECONOMIC DEVELOPMENT AREA AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT OR A O.~- ~, ~. .COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN THEREFOR. Comment: The designation of the Highway 6 Commercial area as an Urban Renewal Area will allow the City to use tax increment financing for public infrastructure improvements and financial incentives to qualifying businesses. At its meeting of April 3, 2003, the Planning and Zoning Commission found that the Highway 6 Commercial Urban Renewal Plan conforms with the Iowa City Comprehensive Plan, 1997. On April 17, 2003, a formal consultation was held with representatives of the affected taxing entities. None of the affected taxing entities have provided written recommendations regarding the division of revenue as set forth under the Plan. All persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed. ITEM 1'1. CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HIGHWAY 6 COMMERCIAL URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. (FIRST CONSIDERATION) Comment: The adoption of the Highway 6 Commercial Tax Increment Financing District Ordinance establishes the mechanism by which incremental property tax revenue will be made available to the City for the purposes of financing public infrastructure improvements and providing financial assistance to qualifying businesses. Ma~/ 20, 2003 Cit~' of Iowa City Parle 14 ITEM '12. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED _ O.,~ ,L/--O,~. "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. (PASS AND ADOPT) 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. U.J?I&~¢~ Action: ~%~-~,,..~9._~ ~ ~ ~, (~- ~"a'-c'~"~k..¢ ITEM. '13. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING (~-~ ~ I~ ~ THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING PROJECT. Comment: Bids for this project were opened on May 13, 2003 and the following bids were received: All American Concrete, Inc. West Liberty, IA $ 94,300.95 Metro Pavers, Inc. Iowa City, IA $ 95,521.70 Streb Construction Iowa City, IA $ 97,914.45 Tschiggfrie Excavating Dubuque, IA $126,590.70 Engineer's Estimate $140,000.00 Public Works and Engineering recommend award of the contract to All American Concrete, Inc. of West Liberty, Iowa. The project will be funded with General Obligation bond proceeds. Action: ~-__~~~. O" ~~. ~71(~ May 20, 2003 City of Iowa City Parle 15 ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF I.~ ,O PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRE STATION #4 BUILDING PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct a Fire Department substation to service the northeastern area of the City of Iowa City. The project includes grading, paving, sidewalk, storm sewer, water main, a building facility and related construction of the Fire Station #4 Project. Action: ~-.-..~.~-~-~.J-.,-,~- ITEM 15. CONSIDER A RESOLUTION AWARDING CONTRACT FOR THE o~ ~ ! Gl CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE. Comment: The bid opening for this project was held May 13, 2003 and four bids, each including two alternates, were received as follows: All American Concrete West Liberty $52,241.00 Veith Construction Reinbeck $65,000.00 Sheets Excavating Montezuma $89,811.75 Peterson Contractors Reinbeck $93,660.00 Consultant's Estimate $52,282.50 The Parks and Recreation Director recommends award of the project to All American Concrete for the Iow bid of $52,241.00. Action: ~~.. ~ ~..~' ~--~d~,~ ~ '-I, ~(~ ITEM 16. CONSIDER A RESOLUTION APPROVING LOAN TERMS FOR THE RACK o"~ - ~,~. BBQ FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND. Comment: On May 6, the City Council approved $25,000 in funding for this project. The Council Economic Development Committee has recommended that these funds be as a loan at 3% interest for a term of 5 years. Ma}/ 20, 2003 City of Iowa Cit}/ Parle 16 ITEM 17. CONSIDER A RESOLUTION APPROVING THE~ PROPERTY TAX _. EXEMPTION APPLICATION FOR PROPERTY LOCATED AT 124 E. WASHINGTON STREET, IOWA CITY, IOWA. Comment: Under the Central Business District Urban Revitalization Plan, Steve Pajunen (Zephyr Copies & Design) has applied for property tax exemption for the commercial property located at 124 E. Washington Street. This remodeling project will be completed in 2003. For a period of 10 years, the project will receive an average of 43% exemption from taxation on the value added by the improvements. A staff memorandum is included in the Council packet. Action: ~~. O' ~ ~-,~D . ~, --7 I L~ v ITEM 18. CONSIDER A RESOLUTION APPROVING THE FAI~ADE o.~- ( t~.~. RECONSTRUCTION OF 124 E. WASHINGTON STREET, ZEPHYRS COPIES. Comment: At a May 9 meeting, the Staff Design Review Committee recommended approval of the fac..ade reconstruction of 124 E. Washington Street. Action: ~~.j ~ (~ ~-~ ~'~ ~. ~ \ ITEM 19. CONSIDER A RESOLUTION AMENDING THE DESIGN OF THE EXTERIOR , o~- ! ~. $ , SIGNAGE FOR "THE CORE" AND "WEST CORE" LOCATED AT 1555 FIRST AVENUE. Comment: At a May 13 meeting, the Staff Design Review recommended approval of the amended exterior signage design for "The Core" and "West Core." Action: ~.. ',.~..~, ~",~o~.~.~%..~.~ . ~ t% ITEM 20. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE 0~-- !~, (O ~. CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2003, THROUGH JUNE 30, 2004. Comment: This is a one-year collective bargaining agreement which'provides for a 3% across-the-board wage increase, an increase in employees' monthly payment toward family health insurance premiums, and a modification in the assignment of overtime work which will give greater consideration to officers' seniority. A copy of the agreement is included in Council's agenda packet. Action: ~-----~' ~~. ~ ~ '-~ ~ ~ ITEM 21. PUBLIC DISCUSSION [IF NECESSARY) (ITEMS NOT ON THE AGENDA). May 20, 2003 Cit~/ of Iowa City Parle 17 ITEM 22. COUNCIL APPOINTMENTS. a. SEATS Paratransit Advisory Committee: One vacancy for a two-year term ending June 30, 2005. (Term expires for Mike O'Donnell). Correspondence included in Council packet. b. Airport Zoning Board of Adjustment: One appointment to fill an unexpired term ending December 31, 2003 (3 males and 0 females currently serve.) c.Airport Zoning Commission: One appointment to fill an unexpired term ending December 31, 2003. (3 males and 1 female currently serve.) d. Historic Preservation Commission: One appointment 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). e. Library Board of Trustees: Three appointments 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). Correspondence included in Council packet. f. Telecommunications Commission: One appointment to fill an unexpired term ending March 13, 2004. (Kembrew McLeod resigned) (3 males and 1 female currently serve). ITEM 23. ANNOUNCEMENT OF VACANCIES. a. Previously-Announced. (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. ITEM 24. CITY COUNCIL INFORMATION. May 20, 2003 City of Iowa City Page 18 ITEM 25. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM 26. ADJOURNMENT. INOW AVAII.~BLE: City Council Agenda support documents on-line at www.icgov.org/councilagendas.asp City Council Information Packets on-line at w~r~t.icgov.org/councilpackets.asp ~~& City Council Meeting Schedule and May~,2003 ~ Work Session Agendas C._.ITY OF IOWA C:ITY www.icgov.org · MONDAY, MAY 19 EmmaJ. HarvatHall 5:30p Council Work Session Budget Reduction Plan [Atkins] 6:30p Special Formal Council Meeting Separate Agenda To Follow Formal Council Work Session · Planning and Zoning Items [Franklin] · Agenda Items [Atkins] · Council Time · Appointments: SEATS Paratransit Advisory Committee (1); Airport Zoning Board of Adjustment (1); Airport Zoning Commission (1); Historic Preservation Commission (1); Library Board of Trustees (3); Telecommunications Commission (1) · Proposed Alcohol Committee [Vanderhoef, Kanner] · TUESDAY, MAY 20 EmmaJ. HarvatHall 7:00p Council Formal Meeting · MONDAY, MAY 26 Emma J. Harvat Hall Memorial Day Holiday - City Offices Closed TENTATIVE FUTURE MEETINGS AND AGENDAS I · MONDAY, JUNE 9 EmmaJ. HarvatHall 6:30p Special Council Work Session · TUESDAY, JUNE 10 EmmaJ. HarvatHall 7:00p Special Council Formal Meeting · MONDAY, JUNE 23 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, JUNE 24 Emma J. Harvat Hall 7:00p Special Council Formal Meeting Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation