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HomeMy WebLinkAbout2003-07-15 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. J 3uly 15, 2003 - 7:00 p.m. City Hall - Harvat Hall I 410 E. Washington Street www.icgov.org iTEM 1. CALL TO ORDER. ROLL CALL. a. Persons with Disabilities Day: July 26 ~/--~. b. The Salvation Army Soup Kitchen Week: July 20-26~:~_ B. Weber Day: August 9- C. Irving ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk. (1) June 23 Special Council Work Session. (2) June 23 Special Council Formal Official and Complete (3) June 24 Special Council Formal Official and Complete (4) July 1 Special Council Formal Official and Complete (5) July 9 Special Council Formal Official and Complete b. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). (1) Historic Preservation Commission: June 5 (2) Housing and Community Development Commission: May 15 (3) Iowa City Board of Adjustment: May 14 (4) Iowa City Public Library Board of Trustees: May 22 (5) Parks and Recreation Commission: June 11 (6) Planning and Zoning Commission: June 5 (7) Police Citizens Review Board: May 27 Recommendations to Council: 1) Approve removal of a member for excessive absences and appoint new board member. 2) Approve a 60-day extension to complete Public Report on #03-01. [Council considered and approved these recommendations at their June 10 Formal Meeting.] (8)PublicArt Advisory Committee: May 1 (9)Senior Center Commission: December 17 (10)Senior Center Commission: March 24 (11)Senior Center Commission: April 15 July/ 15, 2003 Cit~/ of Iowa City Parle 2 c. Permit Motions and Resolutions as Recommended by the City Clerk. New. (1) Five 14 day Class C Liquor Licenses for W R Restaurants Management, LLC, dba Minerva's Grill & Bar, 2208 N. Dodge St. (2) Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. (3) Five day Class B Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave. Renewals. (4) Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. (5) Class C Beer Permit for Krause Gentle, Corp., dba Kum & Go ff.422, 513 S. Riverside Dr. (6) Class C Beer Permit for Hartig Drug Co., Inc., dba Hadig Drug Store #10, 701 Mormon Trek Blvd. (7) Class B Wine Permit for Hartig Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. (8) Class E Liquor License for Hartig Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. (9) Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy I West. (10) Class C Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St. (11) Class C Liquor License for New Walt's, Ltd., dba Memories, 928 Maiden Lane. (12)Class C Beer Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. (13)Class B Wine Permit for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. (14) Class E Liquor License for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. (15) Class C Liquor License for Roy L. Chopek Post #17 dba American Legion Roy L. Chopek Post #17, 3016 Muscatine Ave. (16) Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St. (17) Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. (18)Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St. (19) Resolution to issue Dance Permits for Etre, LLC, dba Etc., 118 S. Dubuque St.; New Walt's, Ltd., dba Memories, 928 Maiden Lane; Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 West.; I.C. Mill Associates, L.L.C, dba Mill Restaurant, 120 E. Burlington St (New); Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave. (New) Jul}/ 15, 2003 Cit~/ of Iowa Cit}/ Parle 3 d. Setting Public Hearings. ~lO (1) CONSIDER A RESOLUTION SETrING A PUBLIC HEARING FOR AUGUST 19, 2003. ON AMENDING THE FY2004 OPERATING BUDGET. Comment: This resolution sets a public hearing for August 19, 2003, to amend the FY2004 budget. The FY2004 budget was adopted prior to March 15, 2003 as required by State law. Subsequent action by the 2003 State Legislature has resulted in state funding reductions of $863,734 to the City's General Fund. Governor Vilsack signed SF 453 and SF 458 on May 30, 2003. The legislation eliminated the state-consolidated payment which included population allocation, moneys and credits and personal property tax replacement. The FY2004 budget is therefore being amended to reflect the reduced state funding; and subsequent revenue / fee increases and expenditure reductions to balance the budget due to the reduced state funding. oS~ ~,~ (2) CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR AUGUST 19, 2003. Comment: The Iowa City Housing Authority, under its Tenant-to- Ownership Program, proposes to sell 1528 Crosby Lane to a public housing program tenant. The amount of the sale will be the appraised value of the home, which is $110,000.00. The family has participated in the public housing program since September of 2000. The family has received a written commitment for a mortgage from a local bank in the amount of $93,500.00. The City will provide a second mortgage for the remaining $16,500.00. This sale will provide the opportunity for a Iow- income family to obtain ownership of their own home. ~-I,~, (3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 19 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET) / NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project involves the installation of a traffic signal at the intersection of Highway 1 (Dodge Street) and Northgate Drive. An engineering study conducted by JCCOG determined that a need for the signal at the intersection exists. Funding of the project will be provided by a USTEP grant (55%) and the remaining (45%) local match will be paid by the developer, Northgate Corp. Park. July/ 15, 2003 Cit~/ of Iowa Cit~/ Parle 4 o3~ g, 1.3 (4) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 19 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT PARK TRUNK SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project includes construction of a sanitary trunk sewer along a tributary to Ralston Creek from approximately Court Street north and west towards Scott Boulevard and includes the sewer necessary to serve the homes along the east side of Hummingbird Lane. This project will be funded by wastewater operating reserves and tap-on fees. e. Resolutions. ~~ g-I ~-~ (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 5 CAROLINE COURT, IOWA CITY, IOWA. Comment: Wells Fargo Home Mortgage, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 5 Caroline Court to refinance a first modgage. On July 19, 2002, the owner of the property received loans from the City of Iowa Housing Rehabilitation Program for the total amount of $24,321.50. The property is appraised for $140,000 which provides enough equity to cover the City's second lien position, which is the City's original position. ~-, ~ ~ (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2124 WESTERN ROAD, IOWA CITY, IOWA. Comment: The owner of the property located at 2124 Western Road received assistance through the City's Housing Rehabilitation Program totaling $11,630. The financing was in the form of a conditional occupancy loan. The loan has been paid off; thus the lien can now be released. 0'~-' ,~ (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED 3416 SHAMROCK DRIVE, IOWA CITY, IOWA. Comment: Hills Bank and Trust, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 3416 Shamrock Drive to refinance a mortgage. On April 16, 1998, the owner of the property received a loan from the City of Iowa City's Housing Rehabilitation Program for the amount of $8,306. The property is appraised for $125,340 which provides enough equity to cover the City's second lien position. July/ 15, 2003 Cit~/ of Iowa Cit~/ Parle 5 O~-~1-/ (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MORTGAGE ELECTRONICS REGISTRATION SYSTEMS INC., AS NOMINEE FOR WASHTENAW MORTGAGE COMPANY, ITS SUCCESSORS AND/OR ASSIGNS, ANN ARBOR, MICHIGAN FOR PROPERTY LOCATED 424 VAN BUREN STREET, IOWA CITY, IOWA. Comment: Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns, Ann Arbor, Michigan has requested that the City approve a Subordination Agreement for 424 Van Buren Street to refinance a mortgage. On August 21, 2000, the owners of the property received a loan from the City of Iowa City's Housing Rehabilitation Program for the amount of $9,588.99. The property is appraised for $167,000 which provides enough equity to cover the City's second lien position. ~ b~- ,=~J ~, (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFIS. Comment: Landowner Dean Oakes, and KLDP Inc., d/b/a One Twenty Six, seek a renewal of a license agreement for temporary use of public right-of-way located at 126 E. Washington Street, Iowa City, Iowa for a sidewalk cafe. City staff has reviewed has reviewed the plans and specifications and required submittals and recommend approval of said agreement. D'5~ ,3-Icl (6) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD LANDSCAPE FIRST AVENUE TO ROCHESTER AVENUE PROJECT. Comment: This project has been completed in substantial accordance with plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. o~ ~-o~O (7) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY02 CELL CONSTRUCTION PROJECT. Comment: This project has been completed in substantial accordance with plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. O~,- P,,31 (8) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT. Comment: This project has been completed in substantial accordance with plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. July 15, 2003 City of Iowa City Page 6 o~5-' ,3,~3' (9) CONSIDER A RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, PUBLIC IMPROVEMENTS FOR THE RESUBDIVlSION OF LOT 236, WASHINGTON PARK, PART 11, AND AUDITOR'S PARCEL 2001023, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. od- ~-~-"5 (10) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES PART 4, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. D~- -~ ~ (11) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN PART XXII, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. c~- ~-~) (12) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE USTEP PROJECT - IOWA HIGHWAY 1 (DODGE STREET) / NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT (UST-1-5(75)--4A-52). Comment: This agreement between the City of Iowa City and the Iowa Department of Transportation (IDOT) provides funding for the installation of traffic signals at the intersection of Iowa Highway 1 (Dodge Street) and Northgate Drive. The IDOT will fund 55% of the construction cost and the 45% local funding match will be provided by the developer, Northgate Corp. Park. 0'~-,=,%~-Jo (13) CONSIDER A RESOLUTION APPROVING THE SIGNAGE FOR "ZEPHYRS" LOCATED AT 124 E. WASHINGTON STREET. Comment: At a July 8 meeting, the Staff Design Review Committee recommended approval. At its May 20 meeting, City Council approved the fa(:;ade reconstruction of Zephyrs. July 15, 2003 City of Iowa City Parle 7 - ~<~ ~(14) CONSIDER A RESOLUTION PETITIONING THE IOWA CONGRESSIONAL DELEGATION TO SUPPORT THE NATIONAL HOUSING TRUST FUND ACT OF 2003 (HRl102) THAT WILL CREATE, REHABILITATE AND PRESERVE 1,5 MILLION UNITS OF AFFORDABLE HOUSING IN THE UNITED STATES OVER THE NEXT 10 YEARS. Comment: In a letter dated May 28, 2003, the Housing and Community Development Commission encouraged the City Council to endorse HRl102 to establish the National Housing Trust Fund. A copy of the correspondence is enclosed. This resolution states support for the Trust Fund and would be forwarded to the Congressional delegation; the resolution does not commit the Council to any other tasks on the · .. Dec.[aration of Support document. f. Correspondence. (1) Ron Hall: Dunk Tank [staff response included] (2) Patricia Ephgrave (JC Task Force on Aging): The Name of the Senior Center (3) Gary Hagen: Cable TV Rates [staff response included] (4) Amy Correia (HCDC): Sale of Parcel 64-1a Proceeds to HCDC for Reallocation (5) Mollie Schlue (Englert): Fundraiser (6) Justine Zimmer: Englert (7) Neighborhood Council: Appreciation (8) Vicki Jennings (Iowa Arts Festival): Appreciation (9) Jack Denton: Youth Camp (10) Flora Cassiliano: United Natural Foods Expansion [staff response included] (11) Donald Baxter: Parking and Parking Tickets in Iowa City (12)Richard Lampkin: Correspondence between Mr. Lampkin and AUR Property Management (13) JCCOG Traffic Engineering Planner: Installation of NO PARKING ANYTIME Signs on Both Sides of the N. Dubuque Street Frontage Road between Bjaysville Lane and Ventura Avenue; Approval of STOP Signs at Nine Intersections along Old Highway 218 Due to Transfer of Jurisdiction of Highway 921; Installation of a STOP Sign at the Intersection of Court Street and Berkeley Lane END OF CONSENT CALENDAR. ITEM 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Public Discussion will be continued, if necessary, prior to "City Council Information" item. City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: July 14, 2003 RE: Ac - CONSENT CALENDAR NEW ITEM #3e(15):  CONSIDER A RESOLUTION SUPPORTING THE WATER-WORKS PARK PRAIRIE PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT / - [, APPLICATION TO BE SUBMI'r'FED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. Comment: Since funding for this project was eliminated from the capital improvement budget, the Parks and Recreation Commission, staff and other park advocates have been exploring other funding possibilities in order to proceed with planting prairie grasses throughout the majority of this park. The State of Iowa has re-instituted its Resource Enhancement and Protection program, and this project qualifies for up to $200,000 with no matching funds required. This is the best grant opportunity available at this time, and if received will provide sufficient funds to complete the prairie planting aspect of the park REVISED ITEM #10 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT PROJECT. Comment: Bids for this project were opened on July 11th, 2003 and the following bid was received: Climate Engineers Cedar Rapids, IA $ 46,366.00 RM Boggs North Liberty, IA $52,000.00 Engineer's Estimate $ 47,765.00 Public Works and Engineering recommend award of the contract to Climate Engineers, Inc. of Cedar Rapids, Iowa. The funding source is through General Obligation Bonds. Jul)/ 15, 2003 Cit~/ of Iowa City Parle 8 ITEM 5. PLANNING AND ZONING MAFDERS. a. PUBLIC HEARING ON AN ORDINANCE CONDITIONALLY REZONING 5.69 ACRES FROM LOW-DENSITY SINGLE-FAMILY RESIDENTIAL (RS- 5) TO LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) LOCATED AT 1715 MORMON TREK BOULEVARD. (REZ03-00018) Comment: At its June 5 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval subject to a conditional zoning agreement requiring approval of an OPDH (Planned Development Housing Overlay) and establishment of a 70-foot wide evergreen buffer along Highway 218 in the event that the property redevelops for residential use. In a report dated June 5, staff recommended approval. This property is the location of All Nations Baptist Church. Action: -'~.~ \ U b. CONSIDER AN ORDINANCE CHANGING THE ZONING 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) (PASS AND ADOPT) 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 C1-1 zone will allow commercial development of this property. Staff recommends deferral of this item until State annexation authorization is granted. Deferred June 24. Action: (4~ ,//~ c. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R'IA, RS & A1 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. (REZ03-00013) (PASS AND ADOPT) 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. Staff recommends deferral of this item until State annexation authorization is granted. Deferred June 24. Action: ~ July/ 15, 2003 Cit~/ of Iowa Cit~/ Parle 9 O~,- ,~-a'c/ d. CONSIDER A RESOLUTION APPROVING A FINAL PLAT OF HIGHLAND WOODS, A 6.92-ACRE, 10-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF CUMBERLAND LANE. (SUB03-00022) Comment: At its June 19 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval. In a staff report dated June 19, staff recommended approval. This subdivision will allow the construction of 10 single-family dwellings. Construction documents have been approved. Staff anticipates that legal papers will be approved by the July 15 meeting. Action: e. CONSIDER A RESOLUTION APPROVING A PRELIMINARY PLAT OF O'5- ~,O PINE RIDGE ADDITION, A RESUBDIVlSION OF LOTS 17, 18, 19 AND 20 OF MEADOW RIDGE PART TWO, A 2.21-ACRE, 2-LOT SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET. (SUB03-0002~)L~ Comment: At its June 19 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval. In a staff report dated June 19, staff recommended approval. At its May 20 meeting, City Council approved the rezoning and preliminary OPDH plan for this property. This subdivision will allow the construction of 13 townhouse-style units in addition to an existing single-family dwelling. Action: ~¢'~A-'o-"' f. CONSIDER A RESOLUTION APPROVING A FINAL PLAT OF PINE RIDGE DS- ,,~ ~ I ADDITION, A RESUBDIVlSION OF LOTS 17, 18, 19 AND 20 OF MEADOW t<IDGE PART TWO, A 2.21-ACRE, 2-LOT SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET. (SUB03-0002~)~ Comment: See Item e. Construction documents have been approved. Staff anticipates that legal papers will be approved by the July 15 meeting. Action: u~q ~/~7 ,,¢.~ PENINSULA NEIGHBORHOOD, SECOND ADDITION, IOWA CITY, IOWA. Comment: At its May 15 meeting by a vote of 6-0 the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings prior to Council consideration. It is anticipated that legal papers and construction plans will be approved prior to July 15. Staff recommended approval in a report dated May 15. Approval will allow the construction of mix of single-family homes, row houses, town houses and small apartment buildings according to the Peninsula Neighborhood regulating plan (OPDH) that was approved on June 24. Staff report was included in Council's June 10 packet. Action: July/ 15, 2003 City of Iowa City Page 10 ITEM 6. AMENDING TITLE 3, "CITY FINANCES, TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS FINES AND PENALTIES" BY AMENDING SECTION 6, "PUBLIC TRANSPORTATION," AND ESTABLISHING UNDER "SPECIAL FARES" A FARE OF 25 CENTS FOR THE DOWNTOWN SHUTTLE BUS. Comment: The City Council wishes to consider charging a fare for the Downtown Shuttle. Currently there is no charge. This proposed ordinance establishes a fee of $.25 (twenty-five cents) for a one-way ride on the shuttle· Federal Transit Administration regulations require a public hearing before this fare can be enacted. Staff is requesting expedited consideration so the fare can be implemented when Shuttle service begins in August. (1) PUBLIC HEARING (2) ~ '~/ .,,~__~~c~//~__~CONSIDERATION) CONSlD,E[~AN ORDINANCE (FIRST /,5,~'~,, ¢-~/?/f ~'~"~,--'/ .~/.~ ITEM 7. PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER 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: Plans and specifications have been prepared for the Court Street Transportation Center to be constructed on the east half of Block 102 in the Near South Side Neighborhood· The project consists of a new inter-city bus station, a daycare center, covered bicycle parking, and six levels of parking· If approved, bids will be solicited for the project in August with award of the construction contract in September. (1) PUBLIC HEARING · - I I - (2) CONSIDER A RESOLUTION APPROVING July 15, 2003 city of Iowa city Parle 11 ITEM 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND ~,~_~ THE CITY CLERK TO ATTEST AND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OPN ARCHITECTS INC. FOR ARCHITECTURAL DESIGN SERVICES. Comment: This resolution amends the existing design and engineering contract between the City of Iowa City and OPN Architects Inc. so that a sixth parking level can be added to the Court Street Transportation Center. Potential redevelopment plans in the Near Southside neighborhood and along Burlington Street in the Central Business District now make the addition of a sixth parking level to the Court Street Transportation Center desirable. In all other respects, the Court Street Transportation Center project remains the same. The sixth parking level will add approximately 100 parking spaces to the facility and will be bid as an add-alternate that can be constructed initially or several years from now, depending on the construction bids that are received. The fee for this amendment will not exceed $150,000 and is reimbursable 80% through the federal grant. ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 6, CHAPTER (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED, OR KEPT OUTSIDE ON PRIVATE PROPERTY. (FIRST CONSIDERATION) Comment: This is an amendment to the existing nuisance regulations that prohibit outdoor storage of more than six operable vehicles on a single-family or duplex lot. A recent court ruling that requires the city, in lieu of the property owner, to prove that the property owner qualifies for the exemptions to have more than six vehicles makes the current ordinance unenforceable. The proposed amendment clarifies this issue by specifically stating that it is the property owner's responsibility to provide proof that the exemptions listed in the ordinance are applicable. The proposed amendment states that the property owner must demonstrate that the vehicles in excess of six must meet the following criteria: a) owned by a person who is neither domiciled at nor a resident of said residential lot; and b) present for the sole purpose of providing maintenance, repair, or construction on said residential lot; and c) parked, stored, placed, or kept outdoors on said residential lot for less than 36 hours in the aggregate during any continual 96- hour period of time. Action: ~'~)/ ~I~::~n~_~L,) n~_U~_./~) ~ ~'/~ July 15, 2003 Cit~/ of Iowa Cit~/ Parle 12 TEM 10. CONSIDER A RESOLUTION AWARDING .CJ::A~-RACT AND AUTHORIZING THE MAYOR TO SIGN AND THE C.I]:Y"C~LERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE~ClVlC CENTER NORTH COURT TRANE HVAC PROJECT. ~ ~ ~., ,/ .., /'_z- - Comment: B~d~,;[~Cthis project will be opened on July 11 at 2:00 p.m. Public Works an~dF_p~ineering will review the bids and a recommendation for award will b~e,-~.,p~ct will be made to Council on Monday, July 14, 2003. The estimp,~'d construction cost is $47,795 and will be funded with General ,,~afion bond proceeds. Action: ITEM 11. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, O~,- ,I,~S _..-- SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Comment: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the homeowners to abate the nuisance (for example, to remove snow from the sidewalk) and after the homeowner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the homeowner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of passage of the resolution. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. Action: ~}~'~/t ~ ~ ITEM 12. CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY COM~ 13~ -~ g-~/o FOR FISCAL YEAR 2004 FOR THE CITY MANAGER, CITY ATrORNEY, AND CITY CLERK. Comment: Council held executive session on July 9, 2003, to evaluate the City Manager, City Attorney, and City Clerk. As a result of that session, adjustments were made in compensation to those employees. Action: ,'~'.,~ / (¢Jt.,~<~ City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: . July 14, 2003 RE: Addition/Revisions July 15 agenda CONSENT CALENDAR NEW ITEM #3e(15): CONSIDER A RESOLUTION SUPPORTING THE WATER-WORKS PARK PRAIRIE PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. Comment: Since funding for this project was eliminated from the capital improvement budget, the Parks and Recreation Commission, staff and other park advocates have been exploring other funding possibilities in order to proceed with planting prairie grasses throughout the majority of this park. The State of Iowa has re-instituted its Resource Enhancement and Protection program, and this project qualifies for up to $200,000 with no matching funds required. This is the best grant opportunity available at this time, and if received will provide sufficient funds to complete the prairie planting aspect of the park development. REVISED ITEM #10 ~,,'~,~. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT PROJECT. Comment: Bids for this project were opened on July 11th, 2003 and the following bid was received: Climate Engineers Cedar Rapids, IA $ 46,366.00 RM Boggs North Liberty, IA $52,000.00 Engineer's Estimate $ 47,765.00 Public Works and Engineering recommend award of the contract to Climate Engineers, Inc. of Cedar Rapids, Iowa. The funding source is through General Obligation Bonds. Jul}/ 15, 2003 Cit~/ of Iowa Cit~/ Page 13 ITEM 13. CONSIDER A MOTION GRANTING A 30-DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #03-02. Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets forth mechanisms for complaints. The Ordinance also provides the City Council to grant extensions of the 45-day reporting requirement for good cause. At their meeting of July 3, 2003, the Board unanimously requested an additional 30-day extension. Correspondence included in Council packet. Action: ~ '~/d~ · ITEM 14. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). a. ~irpo~ Zonin~ Board of ~djustment: Oho appointment to fill an unoxpired term ondin~ December 3~, 2003. (3 males and 0 females currently Staff will not publish additional noticos affor a period of six publications; but will continuo to advo~ise this vacancy with postings and on tho Council a~onda. However, no additional publication costs will bo incurred. b. ~irpo~ Zoninfl Commission: One appointment to fill an unexpired torm ondin~ December 3~, 2003. (3 males and ~ femalo currently seine.) Staff will not publish addltional notices after a poriod of six publi~tions; but will continue to adve~ise this vacancy with postings and on the Council a~enda. Howovor, no additional publication costs will be incurred. c. Histori~ ~ro~o~afion Commi,sion: One appointmont for a Woodlawn District Rop to fill a three-yoar torm March 2~, 2003 - March 2~, 200~. {Torm oxpims for ~eter Oochimson) (8 males and ~ femalo currently d. Housin~ and ~ommunit~ Dovolopmont Commission: Three appointmonts to fill three-yoar terms Septombor ~, 2003 - Soptem~er 200~. (Term oxpires for Rick Houso, Morgan Hoosman, Amy Correia) (4 males and 2 femalos currently se~e). v ITEM 16. ANNOUNCEMENT OF VACANCIES. ~~ ~ a. Previously-Announced. ~~ (1) Libra~ Board of Trustees: One vacancy to fill six-year terms July 1, 2003 - July 1, 2009. (Linda Dellsperger resigned) (4 males and 4 females currently se~e). Ju~y 15, 2.,d03 Ag ~;J~/ad d itions P~q~2~ NEW ITEM #13B 0_~- .03.~ -~ . RESOLUTION AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN LAWSUITS AGAINST CITY EMPLOYEES IN CONNECTION WITH THEIR INVESTIGATIONS OF CRIMINAL ACTIVITY AND SUBSEQUENT ARRESTS OF INDIVIDUALS. Comment: The lawsuits are David James Munz v. Walter Kautzky, et al, and name Police Chief R.J. Winkelhake and Police Officer Darin Zacharias; Anqela Hill v. D.A. Droll and Iowa City, and name Police Officer Droll as an individual defendant; and Nathaniel Burqs v. Iowa City, R.J. Winklehake and D.J. Steva, et al, which name the City, Police Chief R.J. Winkelhake, and Police Officer Steva as defendants. In the Burqs lawsuit, the plaintiff is seeking to add Police Officer Clarahan as an additional defendant. In accordance with City Council discussions during its executive session on Monday, July 14, this resolution will set forth the Council's agreement to indemnify the city employees sued in connection with the claims alleged in the above-referenced litigation against punitive damages because there exists no conflict between the interests of the City and the interests of the employees and the risk of punitive damages is remote. Such indemnification will allow the City Attorney's Office to represent all defendants and avoid the cost of hiring outside counsel for the employee. AcTioN: NEW ITEM #13C 0'~- ~--~. RESOLUTION OF INTENT TO CONVEY THE PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, SECOND ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR AUGUST 19, 2003 Comment: Pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Terry L. Stamper Holdings, L.L.C. ("Stamper") approved by Resolution No. 00-231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Stamper has agreed to develop a tract of land known as the Peninsula Neighborhood. The City Council will consider the approval of the final plat of the Peninsula Neighborhood, Second Addition, at its August 19, 2003 meeting. Pursuant to said Development Agreement, Stamper has agreed to purchase the Peninsula Neighborhood, Second Addition, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units. This Resolution declares the City Council's intent to convey the above property to Stamper as contemplated in the Development Agreement, sets a public hearing on said conveyance for August 19, 2003, and directs the City clerk to public notice of said public hearing. July 15, 2003 Cit~/ of Iowa Cit~/ Parle 14 (2) Police Citizens Review Board: One vacancy for a current or former Peace Officer to fill an unexpired term ending September 1, 2005. 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. (Pending vacancy for Bev Smith) (4 males and 0 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, AUGUST 13. ITEM 17. CITY COUNCIL INFORMATION../~_ ~ ITEM 18. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM 19. ADJOURNMENT. City Council Meeting Schedule and July 10, 2003 IOWA Work Session Agendas www.icgov.org · MONDAY, JULY 14 EmmaJ. HarvatHall 6:00p Special Formal Council Meeting Executive Session - Pending Litigation To follow Council Work Session Special Formal Tour Fire Safety House (City Hall East Parking Lot) [Rocca] · Review Zoning Items [Franklin] · Review Agenda Items [Atkins] · Council Appointments: Airport Zoning Board of Adjustment (1); Airport Zoning Commission (1); Historic Preservation Commission (1); Housing and Community Development Commission (3) Council Time · Affirmation of Long-Term Deer Management Plan [Mollenhauer] · Historic Preservation Issues [Franklin/McCafferty] Stormwater Utility [Fosse] · PCRB Peace Officer Representation [KarffDilkes] · TUESDAY, JULY 15 Emma J. Ha/vat Hall 7:00p Council Formal Meeting TENTATIVE FUTURE MEETINGS AND AGENDAS · WEDNESDAY, JULY 16 School District Central Admin Office 4:00p Special Council Work Session · Joint Meeting: Johnson County Supervisors, lC Schools, Cities of North Liberty and Coralville [Separate Agenda Posted] · MONDAY, AUGUST 18 Emma J. Ha/vat Hall 6:30p Council Work Session · TUESDAY, AUGUST '19 Emma J. Ha/vat Hall 7:00p Council Formal Meeting · MONDAY, SEPTEMBER '1 Labor Day Holiday - City Offices Closed Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation