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HomeMy WebLinkAbout2003-08-19 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. I I Regular Formal o [ow, c,. ITEM 1. CALL TO ORDER. OR a. ~pproval of Council ~etions, subject to ~orreetions, as rocommonded by tho City ~lork. (~) August 4 Special Council Formal Official and Comploto b. Reeeivo and File ~inuto* of Boards and Commissions {roeommendations to Council boeomo o~eetivo only upon soparato Council action). (~) Iowa ~it~ Board o~ppoal~: Do~ombor 2 (2) Iowa City Board of ~ppoals: ~u~ust 4 (DRAFT) ~ocommendation: Due to timo constraints, draft minutos from tho August 4, 2003, Board of Appoals meetin~ are bein~ su~mittod alon~ with rodlinod wrsion of tho gylaws showin~ tho pmposod chan~os and a memorandum from staff outlinin~ tho major chan~os. The matter should bo referred to the Council Rules Committee. (3) ~arks and Roereation Commission: ~uly0 (4) Plannin~ and Zonin~ Commission: ~uly ~ {5) ~oli~o Giti~en~ Roview Board: ~uly 3 ~ub~ie ~dvi~o~Commi~oe: ~uly 7 (7) Senior Centor Commi,~ion: ~uno ~ (8) Sonior ~ontor ~ommission: ~u~u~t 8 (D~F/) Rocommendation: Duo to timo constraints draft minutos from tho ~uoust 2003, Senior Center Commission meetin~ are boin~ submitted alono with a) propose~ amendments to the bylaws of the Senior Centor Commission; b) currant bylaws; and c) memorandum from staff outlinin~ the malor chan~os. The mattor should bo ro~ormd 1o tho ~ouncil Rulos ~ommittoo. c. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals. (1) Special Class C Liquor License for Cottage of Iowa City, Inc., dba Cottage Bakery & Caf6, 14 S. Linn St. (2) Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St. (3) Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd. Au~lust 19, 2003 City of Iowa City Parle 2 (4) Class B Wine Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd. (5) Class C Beer Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. (6) Class B Wine Permit for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. (7) Class E Liquor License for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. (8) Class C Beer Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. (9) Class B Wine Permit for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. (10) Class E Liquor License for Aajaxxx Liquor Store, Inc., dba Aajaxxx Liquor Store, 107 S. Linn St. (11) Class C Beer Permit for L&M Mighty Shop, Inc., dba L&M Mighty Shop, Inc., 504 E. Burlington St. (12) Class B Wine Permit for L&M Mighty Shop, Inc., dba L&M Mighty Shop, Inc., 504 E. Burlington St. (13) Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. (14) Class C Beer Permit for A & J Mini Mart, Inc., dba A & J Mini Mart,2153 ACT Circle. (15) Class C Beer Permit for New Pioneer Cooperative Society, dba New Pioneer Co Op, 22 S. Van Buren St. (16) Class B Wine Permit for New Pioneer Cooperative Society, dba New Pioneer Co Op, 22 S. Van Buren St. (17) Refund remaining portion of Class E Liquor License for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. (18) Refund remaining portion of Class B Wine Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. (19) Refund remaining portion of Class C Beer Permit for Eagle Food Centers, Inc., dba Eagle Food Center #157, 600 N. Dodge St. ~_, ~,,,,~> (20) Resolution to issue Cigarette Permits for One Poor Student, Inc., dba One Eyed Jake's, 18-20 S. Clinton St.; Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.; and I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. d. Motions, (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $26,586,697.07 FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2003, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. Au~lust 19, 2003 Cit}/ of Iowa Cit~/ Parle 3 e. Setting Public Hearings. (1) CONSIDER A RESOLUTION OF INTENT TO CONVEY THE [~'L, - =~. dr/--~-. ---- PROPERTY KNOWN AS 1926 BROADWAY STREET, IOWA CITY, IOWA AND 1946 BROADWAY STREET, IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR SEPTEMBER 9, 2003. Comment: The City of Iowa City sold two multi-family buildings located at 1926 and 1946 Broadway Street to HACAP in 1995 for their appraised value pursuant to an installment contract. The contract provided for monthly payments with interest at 7% per year and a balloon payment due on February 1, 2006. HACAP has requested an amendment to the contract that will provide for monthly payments with annual interest of 5.5% and with the balloon payment due on October 1, 2008. The sale price remains the same. The amendment will allow HACAP to continue to provide transitional housing services to the homeless. The amendment also includes an increase in the amount of insurance coverage to meet the City's current minimum requirements. HACAP is presently current on the contract payments. O~-c.9, ur~ (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 9 TO AMEND THE SECTION 8 ADMINISTRATIVE PLAN FOR IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAM. Comment: The Resolution sets the date for a Public Hearing which is a requirement before the adoption of the updated Section 8 Administrative Plan can occur. The Section 8 Administrative Plan is being amended to include various program updates including interim reexaminations. The Section 8 Administrative Plan is a HUD required administrative document, which is, used in the operations of the Section 8 program. Public Hearing to be held September 9, 2003. O'~~ ~LJ-~- (o (3) CONSIDER A RESOLUTION SE'I-rING A PUBLIC HEARING FOR SEPTEMBER 9 ON THE UPDATE OF THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP). Comment: The Resolution sets the date for a Public Hearing which is a requirement before the adoption of the updated Public Housing Admissions and Continued Occupancy Plan can occur. The Public Housing Admissions and Continued Occupancy Plan is being amended to include various program updates including interim reexaminations and continued occupancy and community service. The Admissions and Continued Occupancy Plan is a HUD required administrative document which is used in the operations of the Public Housing program. Public Hearing to be held September 9, 2003. Au~lust 19, 2003 Cit~/ of Iowa City Page 4 f. Resolutions. O~.~ ~z.~'~ (1) CONSIDER A RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY03. Comment: The Department of Housing and Urban Development (HUD) requires Housing Authorities to certify fiscal year performance data as a means of monitoring local activity. HUD will score the Iowa City Housing Authority (ICHA) based on indicators and will identify areas of concern or performance based on these indicators. O ~ ~ ~' ~1L<~> (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO SATISFACTIONS OF · JUDGMENT. Comment: The City of Iowa City becomes a judgment creditor when it prevails in a legal action seeking a money judgment, such as a municipal infraction. When the judgment debtor pays off the judgment in full, State law requires that the City file with the Clerk of Court a satisfaction of judgment, which is written confirmation that the debt has been paid. State law further requires that it be signed by the Mayor and attested to by the City Clerk, and this resolution authorizes them to do so upon the advice of the City Attorney. C)'~ ~ ~.~LC/ (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 WASHINGTON MUTUAL, JACKSONVILLE, FLORIDA FOR PROPERTY LOCATED 19 REGAL LANE, IOWA CITY, IOWA. Comment: Washington Mutual, Jacksonville, Florida has requested that the City approve a Subordination Agreement for 19 Regal Lane to refinance a mortgage. On April 25, 1997, the owner of the property received a loan from the City of Iowa City's Downpayment Assistance for the amount of $3,000. The property is appraised for $100,000 which provides enough equity to cover the City's second lien position. ~"~ ~ <~O (4) 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 1648 BURNS AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 1648 Burns Avenue received assistance through the City's Downpayment Assistance Program totaling $3,000. The financing was in the form of a conditional occupancy loan. The loan has been paid off; thus the lien can now be released. August 19, 2003 Cit~/ of Iowa City Parle 5 ~)'~- c~'~-~l (5) 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 IOWA STATE BANK AND TRUST FOR PROPERTY LOCATED 2235 RUSSELL DRIVE, IOWA CITY, IOWA. Comment: Iowa State Bank and Trust, Iowa City, Iowa has requested that the City approve a Subordination Agreement for 2235 Russell Drive to refinance a mortgage. On April 30, 2002, the owner of the property received a loan from the City of iowa City's Downpayment Assistance and on July 2, 2002 another loan from the City's Housing Rehabilitation Program which was amended on August 28, 2002 for a total amount of $8,218.77. The property is appraised for $145,000 which provides enough equity to cover the City's second, third, and fourth lien position. O~ ~'~-~o% (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2539 NEVADA AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 2539 Nevada Avenue received assistance through the City's Housing Rehabilitation Program totaling $2,298. The loan on the property has been paid off; thus the lien can now be released. 0'~ ~ ~C~3 (7) 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 AT 1528 ABER AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 1528 Aber Avenue received assistance through the City's Downpayment Assistance Program totaling $3,000. The financing was in the form of a conditional occupancy loan. The loan has been paid off; thus the lien can now be released. O~,~ ~ ~- (8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A CONDITIONAL GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 422 Iowa Avenue received funding through the City's Community Development Block Grant totaling $40,000. The financing was in the form of a Conditional Grant Agreement. The terms have been satisfied; thus the lien can now be released. Au~lust 19, 2003 Cit~/ of Iowa Cit~/ Parle 6 0~ o3'-~ (9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 826 RIDER STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 826 Rider Street received assistance through the City's Housing Rehabilitation Program totaling $14,900. The financing was in the form of a conditional occupancy loan and a ten-year declining balance loan. The loans have been paid off; thus the lien can now be released. O~- <~-~ ~o (10) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT. Comment: This project has been completed in substantial accordance with plans and specifications. The Engineer's Report and Per-[ormance and Payment bonds are on file with the City Clerk. O~~ <~"7 (11) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE PART SEVENTEEN "A," AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. 0.~- ~S<~c, (12) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE PART TWELVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Comment: See Engineer's Report. o~5-~ o~.~ (13) CONSIDER A RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK. Comment: The City of Iowa City must acquire one permanent and four temporary construction easements to construct the Burlington Street Bridge Reconstruction Project over Ralston Creek. The project involves replacing the bridge over Ralston Creek located between Gilbert Street and Van Buren Street. This project includes widening the bridge from four to five lanes and installing 8-foot wide sidewalks. Au~lust 19, 2003 City of Iowa City Parle 7 O~--,~,3,(~O (14) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION PRECONSTRUCTION AGREEMENT FOR THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK (BRF-1-5(54)--38-52). Comment: This agreement between the City of Iowa City and the Iowa Department of Transportation (IDOT) stipulates design, construction and funding responsibilities to replace the bridge over Ralston Creek located between Gilbert Street and Van Buren Street. The project will widen the bridge from four to five lanes and install 8-foot wide sidewalks. The IDOT will fund the project with the City contributing $150,000. C) ~- .~/o ! (15) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PORTION OF A SANITARY SEWER EASEMENT TRAVERSING 728 PARK ROAD, IOWA CITY, IOWA. Comment: The City currently possesses a thirty-six foot wide (36') sanitary sewer easement through the lot addressed as 725 Park Road, Iowa City, Iowa. The property owner wishes to make improvements to the residence on the property and has requested that a portion of the easement be released to accommodate those improvements. Public works has determined that a fifteen foot (15') wide easement will be sufficient and is recommending that ten and a half feet (10.5') of property be released on each side of the easement. This Resolution authorizes the execution of a Release of a portion of the easement, which will enable the property owner to make desired improvements to the residence located on this lot while maintaining the City's ability to service the sanitary sewer line in place. O9 ~ ,2. ~o~- (16) CONSIDER A RESOLUTION NAMING DEPOSITORIES. Comment: This resolution will include the following changes: 1) Change a depository listing the home and local offices and maximum balance. In July 2003, West Bank acquired Hawkeye State Bank in Iowa City. The corporate offices are in West Des Moines and the local office is located at 229 South Dubuque Street, Iowa City. 2) Change the maximum balance for Liberty Bank from $15 million to $25 million. g. Correspondence. (1) Ted Klopp: Pond on Mormon Trek [staff response included] (2) Michael Lensing (Lensing Funeral & Cremation Service): Acquisition of Alley (3) Denise Wheeler: Server Training Research [staff response included] (4) Joni Arends, Becky Lo Dolce, Jay Coghlan (Concerned Citizens for Nuclear Safety): Modern Pit Facility (5) David Fuller: Budget (6) Mike Smithey: 19 and Over (7) JC Task Force on Aging: Senior Center Proposal (8) Rollie Ostrander, Mike Patel, Paul Van Bockern, Jay Patel, Annette Maynard, Nadia VanderGaast: Traffic Light at North Dodge and ACT Circle (9) Robert Dostah Benton Hill Park Au~lust 19, 2003 City of Iowa City Page 8 (10) Will Kapp: Parking at 600 Block of S Governor Street [staff response included] (11) JCCOG Traffic Engineering Planner: Replacement of NO PARKING ANYTIME Signs with NO PARKING FIRE LANE Signs Located on the Parking Lane in Front of Mayflower Residence Hall; Revision on Weight Limit on Meadow Street Bridge Over Ralston Creek; Installation of NO PARKING ANYTIME Signs on the West Side of Clifford Lane 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. / ITEM 4. PLANNING AND ZONING MATTERS. a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR SEPTEMBER 9 ON AN ORDINANCE REZONING APPROXIMATELY 8.7 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO SENSITIVE AREAS OVERLAY-LOW DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST SIDE OF FOSTER ROAD. (REZ03-00017/SUB03-00019). Comment: At it July17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a staff memorandum dated July 11. Approval of this rezoning will allow the development of Oakmont Estates, an 6.7 acre, 16-1ot subdivision on property that contains a woodland and regulated slopes. The plan includes the dedication of 1.48 acres of land containing regulated slopes and woodlands to the city. The sensitive areas plan includes a tree protection and tree replacement plan for portions of the woodlands. Action: b. CONSIDER AN ORDINANCE CONDITIONALLY REZONING 5.69 ACRES FROM LOW-DENSI~ SINGLE-FAMILY RESIDENTIAL (RS-5) TO LOW- DENSI~ MULTI-FAMILY RESIDENTIAL (RM-12) LOCATED AT 1715 MORMON TREK BOULEVARD. (REZ03-00018) (FIRST CONSlDE~TION) 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 properly redevelops for residential use. In a repo~ dated June 5, staff recommended approval. This prope~y is the location of All Nations Baptist Church. Action: Au~lust 19, 2003 City of Iowa City Parle 9 (.3.~ '~LO ~ c. 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. Deferred June 24 and July 15. Action: O~- ~O~ d. CONSIDER AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1~ ACRES FROM COUN~ CH, C2, RI~ RS & Al TO P, PUBLIC, CH-l, HIGHWAY COMMERCIAL, C1-1, INTENSIVE COMMERCIAL, AND ID-RS, SUBURBAN RESIDENTIAL, FOR PROPER~ GENE~LLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CI~ 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 repoA dated April 17. The CH-1 and C1-1 zones will allow commercial development of this propeAy. Deferred June 24 and July 15. Action: O~-- ~b~ e. CONSIDER A RESOLUTION APPROVING THE FINAL P~T OF THE PENINSU~ NEIGHBORHOOD, SECOND ADDITION, IOWA CI~, 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 papem and construction drawings prior to Council consideration. Legal papem and construction plans have been approved. Staff recommended approval in a repoH dated May 15. Approval will allow the construction of a mix of single-family homes, row houses, town houses and small apadment buildings according to the Peninsula Neighborhood regulating plan (OPDH) that was approved on June 24. Staff repod was included in Council's June 10 packet. Deferred July 15. AcC,on: O~ - ~ f. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY P~T OF COUN~ CLUB ESTATES, SECOND ADDITION. (SUB02-0001 Comment: At it July17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a staff memorandum dated July 17. Approval will allow the development of Coun[~ Club Estates, Second Addition, a 16.65-acre, 42-1ot residential subdivision located west of Phoenix Drive and west and nodh of Flagstaff Drive. Ac ,on: Au~lust 19, 2003 City of Iowa City Parle 10 g. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN PART 19. (SUB03-00029) Comment: At it July17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved by August 19. Staff recommended approval in a staff memorandum dated July 17. Approval will allow the development of Village Green Part 19, a 7.11-acre, 10-lot residential subdivision located at Wintergreen Drive west of North Jaime Lane. 0..~<~05 h. CONSIDER A RESOLUTION EXTENDING APPROVAL OF THE PRELIMINARY PLAT OF VILLAGE GREEN PART Comment: At it July17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of a ~o-year extension of this prelimina~ plat. Staff recommended approval in a staff memorandum dated July 17 Action: /~ ~.~ J~ 0~ ~G~ i. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 17B. (SUB03-00031) Comment: At it August 7 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved by August 19. Staff recommended approval in a staff memorandum dated August 7. Approval will allow the development of Windsor Ridge PaA 17B, a 3.49-acre, l-lot residential subdivision located at the intersection of York Place and Broadmoor Lane. Action: O~-~G~ j. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 18B. (SUB03-00032) Comment: At it August 7 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved by August 19. Staff recommended approval in a staff memorandum dated August 7. Approval will allow the development of Windsor Ridge Pa~ 18B, a 1.09-acre, 2-lot residential subdivision located west of Broadmoor Lane and noah of Camden Road. Action: Au~lust 19, 2003 Cit~/ of Iowa City Parle 11 O~-~3./o~' k. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19A. (SUB03-00033) Comment: At it August 7 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval subject to staff approval of legal papers and construction drawings. It is anticipated that legal papers and construction drawings will be approved by August 19. Staff recommended approval in a staff memorandum dated August 7. Approval will allow the development of Windsor Ridge Part 19A, a .82-acre, l-lot residential subdivision located west of Broadmoor Lane and south of York Place. ITEM 5. A $300.00 CIVIL PENAL'~Y AGAINST KUM & GO STORES #53, PURSUANT TO IOWA CODE SECTION 453A.22(2). Comment: This hearingils the time design; for the Council ;onsider ~ whether a Resolution should be adopted a., the $300.00 penalty ~ authorized by Iowa Cod'e section 453A.22 against Kum & Go #53, .~._~ 955 Mormon Trek Blvd; Iowa City. 453A.22(2) provides ~at, after a hearing, a $300.00 civil penalty will be to a retail permit holder when and if that permit holder's violates section 453A.2(1) by selling or providing to a minor. As a pa of the hearing, the Council will be provided with inform~ )n establishing an of permit holder Kum & Go Stbres #53 violated Code section 45 t. The permit holder's representaCve will then have 1 opportunity de the Council with information s/he d,bems appropriate The Council will th, decide whether to assess the requested civil penalty if it decides so, will adopt an appropriate Resolution. The hearir will not provide opportunity for public comment. / (1) HEARING// / (2) CONSI~ERAN RESOI / / City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: August 18, 2003 RE: Addition/Revisio_gn~u~u~ ' n~',~,_~ ITEM NO. 5(2) (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 ~..~~ CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING ~ FROM KUM & GO STORES ITEM NO. 17(3) (Addition) Airport Commission - One vacancy to fill an Unexpired term ending March 1,2006. (Alan Ellis resigned) (3 Males and 1 female currently serve). (APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 8, 2003.) August 19, 2003 City of Iowa City Parle 12 ITEM 6. CONVEYANCE OF THE PROPERTY KNOWN AS PENINSULA NEIGHBORHOOD, SECOND ADDITION, IN IOWA CITY, IOWA, OR PORTION THEREOF, TO TERRY L. STAMPER HOLDINGS, L.L.C. 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 for approval the final plat of the Peninsula Neighborhood, Second Addition, at its August 19, 2003 meeting. On July 15, 2003, the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time of public hearing. Pursuant to said Agreement, Stamper has agreed to purchase the Peninsula Neighborhood, Second Addition, or portion thereof, 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 for the subdivision or portion to be conveyed. This Resolution authorizes the City Council's conveyance of the above property or any portion thereof, to Stamper as contemplated in the Resolution of Intent to Convey. (1) PUBLIC HEARING ~' ,~'"~ (2) CONSIDER AN RESOLUTION AUTHO~RIZlNG ITEM 7. CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM TENANT. 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. (1) PUBLIC HEARING {2) CONSIDER AN RESOLUTION AUTHORIZING August 19, 2003 City of Iowa City Page 13 ITEM 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET) / NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This 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. The estimated construction cost is $110,000 and 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. (1) PUBLIC HEARING / 0~)- ~ ~' (2) CONSIDER A RESOLUTION APPROVING / ITEM 9. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT PARK TRUNK SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This 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. The estimated construction cost is $450,000 and will be funded by sewer revenue and tap-on fees. (1 ) PUBLIC HEA~N~G ~ ~ // O~- ~'7._~ . (2) CONSIDER ~A RESOLUTION APPROVING Au~lust 19, 2003 City of Iowa City Page 14 ITEM 10. AMENDMENT OF THE FY2004 OPERATING BUDGET. Comment: 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 $883,734 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. (1) PUBLIC HEARING ~ ~ ,(2) CONSIDER AN RESOLUTION APPROVING ITEM 11. 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. Deferred July 15. Action: (~,:~ /~ / Au~lust 19, 2003 Cit~' of Iowa City Parle 15 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS," CHAPTER 8, "POLICE CITIZENS REVIEW BOARD," SECTION 8, ENTITLED "BOARD COMPOSITION; LIMITED POWERS OF THE BOARD," TO PROVIDE THAT PEACE OFFICERS EMPLOYED AS SUCH BY THE CITY OF IOWA CITY WITHIN FIVE YEARS OF THE APPOINTMENT DATE SHALL NOT BE APPOINTED TO THE BOARD. (FIRST CONSIDERATION) Comment: Due to the appearance of a conflict, a majority of the City Council directed that the ordinance be amended to exclude peace officers employed by the City of Iowa City within five years of the appointment from serving on the Police Citizens Review Board. ITEM 13. CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE "PROG~M FOR IMPROVING NEIGHBORHOODS" (PIN) G~NT FUNDS. Comment: The Oi~ Council allotted $15,000 for Fiscal Year 200~ for the purpose o~ ~unding grants to neighborhood associations so that they could make improvements in their neighborhood. The Neighborhood Oouncil has solicited, selected, and recommends funding o~ eight applications from neighborhood associations and seeks the ~ity Oouncil's review and appreval o~ this recommendation. ITEM 14, ~O~SlDE~ A ~ESOLUTION APPROVING AND AUTHO~IZlN6 EXECUTION ~ ~ OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BE~EEN THE CI~ OF IOWA CI~ AND SOUTHGATE DEVELOPMENT COMPANY. Comment: This agreement specifies the terms of the TIF assistance for the Peppe~ood P~aza redevelopment project within the Highway 6 Urban Renewa~ Area. Southgate Development Company, the owners of Peppe~ood Plaza, is proposing to invest approximately $6.2 million in renovations to their commercial retail center in Iowa City. The TIF assistance would be in the form of a seven-year, 100% tax rebate on the Minimum Improvements completed by December 31, 2004. Action: ITEM lS. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 16. COUNCIL APPOINTMENTS a. Airport Zoning Board of Adjustment: One appointment to fill an unexpired term ending December 31, 2003. (4 males and 0 females currently serve.) Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additionaJ publication costs will be incurred. Au~lust 19, 2003 Cit~/ of Iowa Cit~/ Parle 16 b. Airport Zoning Commission: One appointment to fill an unexpired term ending December 31, 2003. (3 males and 1 female currently serve.) Staff will not publish additional notices after a period of six publications; but will continue to advertise this vacancy with postings and on the Council agenda. However, no additional publication costs will be incurred. 0,[~, ~/~,~,~ ~ c. Historic Preservation Commission: One appointment fora 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). d. Housing and Community Development Commission: Three appointments 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). Staff information included in Council packet. Deferred July 15. e. Library Board of Trustees: One vacancy to fill six-year terms July 1, 2003 - July 1, 200g. (Linda Dellsperger resigned) (4 males and 4 females currently serve). f. 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. (Bev Smith removed.) (4 males and 0 females currently serve). ITEM 17, ANNOUNCEMENT OF VACANCIES, (1) Human Rights Commission: Two vacancies to fill unexpired terms. One ending January 1, 2005 and the other ending January 1, 2006. (Alice Mathis and Nick Klenske resigned) (4 males and 3 females currently serve). Correspondence to staff included in Council packet. (2) Public Art Advisory Committee: One vacancy for an Art or Design Professional to fill an unexpired term plus a three-year term ending January 1, 2007. (Betsy Klein resigned) (2 males and 2 females currently serve,). Correspondence to staff included in council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 8, 2003. ITEM 18, CITY COUNCIL INFORMATION, City of Iowa City MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk DATE: August 18, 2003 RE: Addition/Revision August 19 agenda ITEM NO. 5(2) (Revised) RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING _ FROM KU,M ~ ITEM NO. 17(3) (Addition) Airport Commission - One vacancy to fill an ~-- ~ Unexpired term ending March 1, 2006. (Alan Ellis resigned) (3 \ Males and 1 female currently serve). \ (APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 8, 200~ Au~lust 19, 2003 City of Iowa City Pa~e 17 ITEM 19. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ~.~-~ ~.7~.~2~ ITEM 20. ADJOURNMENT. ~.~.~, City Council Meeting Schedule and ^ugust ~4,2003 ~ Work Session Agendas (~ITY OF IOW2, (~ITY www.icgov.org · MONDAY, AUGUST 18 Emma J. HarvatHall 6:30p Council Work Session 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); Library Board of Trustees (1); Police Citizens Review Board (1) FY04 PIN Grant Allocation [Klingaman] · PIN Grant Criteria [Klingaman] Council Time · TUESDAY, AUGUST 19 Emma J. Harvat Hall 7:00p Council Formal Meeting TENTATIVE FUTURE MEETINGS AND AGENDAS · MONDAY, SEPTEMBER 1 Labor Day Holiday - City Offices Closed · MONDAY, SEPTEMBER 8 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, SEPTEMBER 9 Emma J. Harvat Hall 7:00p Special Council Formal Meeting · MONDAY, SEPTEMBER 22 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, SEPTEMBER 23 Emma J. HarvatHall 7:00p Special Council Formal Meeting · MONDAY, OCTOBER 13 Emma J. HarvatHall 6:30p Special Council Work Session Meeting dates/times/topics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation