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