HomeMy WebLinkAbout2003-11-10 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Special Formal
C ty Hall - Harvat Hall
~410 E. Washington Street
ROLL CALL.
ITEM 2. MAYOR'S PROCLAMATIONS
a. Hunger and Homelessness Awareness Week: November 16-22
ITEM 3, OUTSTANDING STUDENT CITIZENSHII~WARDS - Twain.~-Elementary
· John Finnie S~
· Britney Opheim
· Michelle Pelechek
ITEM 4. 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) October 27 Special Work Session
(2) October 28 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) Iowa City Board of Appeals: October 6
(2) Iowa City Public Library: September 25
(3) Police Citizens Review Board: October 14
c.Permit Motions and Resolutions as Recommended by the City Clerk.
New.
(1) Class B Wine Permit for Aldi, Inc., dba Aldi, Inc. #06, 1534 S. Gilbert St.
(2) Class C Beer Permit for Aldi, Inc., dba AIdi, Inc. #06, 1534 S. Gilbert St.
Renewals.
(3)Class B Wine Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950,
2530 Westwinds Dr.
(4) Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950,
2530 Westwinds Dr.
City of Iowa City
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: November 10, 2003
RE: Additions November 10 agenda
ITEM 2 MAYOR'S PROCLAMATIONS 2b Deployed Veterans Remembrance Day - November 11
2C National Hospice Month- November
November 10, 2003 City of Iowa City Parle 2
d, Motions.
(1) CONSIDER A MOTION NOTIFYING THE IOWA CITY PLANNING AND
ZONING COMMISSION OF THE PETITION FOR THE ESTABLISHMENT OF
THE CB-10 SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
FILED WITH THE CITY CLERK ON OCTOBER 10, 2003 AND REFERRING
SAID PETITION TO THE PLANNING AND ZONING COMMISSION FOR THE
PREPARATION OF AN EVALUATIVE REPORT FOR THE COUNCIL ON THE
MERIT AND FEASIBILITY OF THE PROJECT, ALL IN ACCORDANCE WITH
SECTION 386.3(3) OF THE IOWA CODE.
Comment: On October 10, 2003, a Petition for the Establishment of the CD-10
Self-Supported Municipal Improvement District was filed with the City Clerk.
State law requires that upon receipt of a Petition for establishment for a Self-
Supported Municipal Improvement District the Council "shall" notify the City
Planning Commission which is to make recommendations to the Council in
regard to the proposed district. Per Iowa Code the council shall not hold its
public hearings or take further action on the establishment of the district until it
has received the repod of the Planning and Zoning Commission.
e. Resolutions.
(1) CONSIDER A RESOLUTION SUPPORTING THE DEVELOPMENT THROUGH
NEW CONSTRUCTION OF FOURTEEN AFFORDABLE HOUSING UNITS AT
CATSKILL COURT, WHISPERING MEADOW DRIVE, AND INDIGO COURT
IN IOWA CITY THROUGH THE LOW-INCOME HOUSING TAX CREDIT
PROGRAM.
Comment: Prairie Garden IHA Limited Partnership is applying to the Iowa
Finance Authority for financial assistance in the form of Low-Income Housing
Tax Credits for the construction of up to 14 affordable housing units for families
and persons with special needs. Prairie Garden IHA Limited Partnership has
asked the City Council for a resolution of support to assist them in meeting the
scoring criteria for the Low-Income Housing Tax Credit program.
-~H-~L- (2) CONSIDER A RESOLUTION SUPPORTING THE DEVELOPMENT OF
THROUGH ACQUISITION AND REHABILITATION OF THREE AFFORDABLE
HOUSING UNITS AT 912 2"D AVENUE IN IOWA CITY, IOWA THROUGH THE
LOW-INCOME HOUSING TAX CREDIT PROGRAM.
Comment: Prairie Garden IHA Limited Partnership is applying to the Iowa
Finance Authority for financial assistance in the form of Low-Income Housing
Tax Credits for the acquisition and rehabilitation of a property to provide three
affordable housing units for families and persons with special needs. Prairie
Garden IHA Limited Partnership has asked the City Council for a resolution of
support to assist them in meeting the scoring criteria for the Low-Income
Housing Tax Credit program.
November 10, 2003 Cit~/ of Iowa City Parle 3
~-~z~-l~ (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 UNIVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 838 RUNDELL STREET, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union, Iowa City, Iowa has
requested that the City approve a Subordination Agreement for 838 Rundell
Street to refinance a home equity modgage. On July 14, 2000, the owner of the
property received a loan from the City of Iowa City's Housing Rehabilitation
Program for $17,428. The home is appraised at $83,450 which provides enough
equity to cover the City's lien position.
~.~-'~'1 (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al-rEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE
BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED
AT 4'10 IOWA AVENUE, IOWA CITY, IOWA.
Comment: Iowa State Bank and Trust, Iowa City, Iowa has requested that the
City approve a Subordination Agreement for 410 Iowa Avenue to refinance a
mortgage. On September 7, 1994, the owner of the property received a loan
from the City of Iowa City's Community Block Grant (CDBG) Program for
$12,483.65. The property is appraised at $338,570 which provides enough
equity to cover the City's lien position.
~:~-~,q- ~ (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Ai-I'EST TO THE RELEASE OF LIENS
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
AT 4'10 IOWA AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 410 Iowa Avenue received
assistance through the City of Iowa City's Community Development Block Grant
(CDBG) Program totaling $70,000. The terms of the loan have been satisfied;
thus the lien needs to be released.
~,~_ ~ (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO A'I-rEST TO THE RELEASE OF LIENS REGARDING
THREE AGREEMENTS, A MORTGAGE, AND A PROMISSORY NOTE FOR
THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 422 Iowa Avenue received
assistance over several years through the City of Iowa City's Community
Development Block Grant (CDBG) Program totaling $155,000. The terms of
the loans have been satisfied; thus the liens need to be released.
(7) CONSIDER A RESOLUTION ACCEPTING WORK FOR
THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND
PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION -
PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
November 10, 2003 City of Iowa City Parle 4
f. Correspondence.
(1) David Skodon: Request for Consideration of University Property for
Sharpshooting
(2) Ryan Duffy: Smoking Project [staff response included]
(3) Eve Casserly: State AARP Healthcare Forum
(4) Amy Correia (Housing Trust Fund of Johnson County): National Housing
Trust Fund Act
(5) Patricia McCauley: Consolidated End-of-Year Review, Program Year 2002
(6) John Neff: Public Intoxication Arrests (2)
(7) Kevin Liu: Backed up Requests [staff response included]
(8) Sidney Miller: Homecoming Parade
(9) Baron Thrower (Airport Commission): Strategy Plan Update
(10) Frank Williams: Rate Increases
(11) Charlotte Walker: Tour of the Senior Center and Recreation Center: Nearly
Empty
(12) Lee McGovern: Response to Walker Email re: Tour of the Senior Center
and Recreation Center: Nearly Empty
(13)Joe Cherner: Cigarette-Caused Fire Kills Family of Seven
(14) JCCOG Traffic Engineering Planner: Relocating Bus Stop Signs on Ferson
Avenue to Magowan Avenue at the Intersections with McLean Street and
River Street and from the Intersection of Magowan Avenue/River Street o
Hutchinson/River Street. Installation of a Bus Stop Sign on Rochester
Avenue on the South Side of the Street Across from Larch Lane
END OF CONSENT CALENDAR.
ITEM 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Public Discussion will be continued, if necessa~, prior to "City Council Information" item.
ITEM 6. PLANNIN~ AND ZONING MA~EE~.
a. PUBLIC HEAEIN~ ON AN OEDINANCE VACATIN~ A POETION OF AN ALLEY
EIgHT-OF-WAY LOCATED SOUTH OF KIEKWOOD AVENUE AND WE~T OF
Commont: At is August 7 mooting, gy he ~lannin~ and Zonin~
Commission recommen0od approval subject to tho rotention of utility easements.
Staff recommonds approval in a momorandum dated ~uly ~7. Approval of this ri~ht-
oFway vacation will allow a0jacent prope~y owners to acquira tho unbuilt potion of
this alley.
Action:
/
November 10, 2003 City of Iowa City Parle 5
b. PUBLIC HEARING ON AN ORDINANCE AMENDING CITY CODE, TITLE 14,
CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING
DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS."
Comment: The Planning and Zoning Commission is scheduled to vote on this
amendment at its November 6 meeting. The amendment will clarify the definition of
restaurants and allow restaurants with less than 50% of floor area devoted to seating
in the (Central Business) CB-10 zone. Correspondence included in Council
packet.
Action: ~.~ ~ ~ '~.~
c. CONSIDER AN ORDINANCE'CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY 13,500 SQUARE FEET FROM CENTRAL BUSINESS DISTRICT
(CB-2), TO PLANNED HIGH DENSITY RESIDENTIAL (PRM), LOCATED AT 512 S.
DUBUQUE STREET SOUTH OF COURT STREET. (REZ03-00021) (FIRST
CONSIDERATION)
Comment: At it September 18 meeting, by a vote of 6-0, the Planning and Zoning
Commission recommended approval. Staff recommended approval in a staff
memorandum dated September 18. Approval of this rezoning will allow the
development of up to 15 multi-family dwelling units.
d. CONSIDER AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED
TO T.E EAST OF S~2 S. DUBUQUE STREET (VAC03-00002) (SECOND
CONSiDERATiON) L~ U~ ?~)
Comment: At it Soptember ~8 moetin~, by a voto of 0-0, tho ~lannin~ and Zonin~
Commission recommondod approval subject to tho rotontion o[ utility oasoments.
Staff rocommendod approval in a staff momorandum dated Soptombor ~8.
Applicant previously roquested oxpoditod eonsidorafion.
c, ,s
ITEM 7. PUBLI~ HEARING ON A PROFOSED
CONSOLIDATED PLAN (CI~ STEPS).
Comment: The U.S. Depadment of Housing and Urban Development requires an annual
review of the CITY STEPS plan. The Housing and Community Development
Commission held a public meeting on October 16, 2003. In addition, public meetings
were held by Neighborhood Centers of Johnson County and United Action for Youth.
HCDC has recommended that the priority for "Neighborhood Facilities" be amended
from a "medium" priority to a "high" priority.
*ct,on:
November 10, 2003 City of Iowa City Pa~e 6
ITEM 8. PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY
FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14 ENTITLED
"UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-
3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES,"
ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO
CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
Comment: This public hearing is on a proposed ordinance to amend the existing code in
order to establish a stormwater utility and stormwater utility fee.
Action: .~, ,~;7.-~
ITEM 9. CONSIDER AN ORDINANCE AMENDING THE CITY CODE TITLE 10, "PUBLIC
WAYS", CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS", SECTION 3, "USE OF
SIDEWALK CAFES" TO CONTINUE TO ALLOW ALL SIDEWALK CAFES TO
OPERATE UNTIL 12:00 MIDNIGHT. (FIRST CONSIDERATION)
Comment: During the summer of 2002, the City Council passed Ordinance No. 02-4023,
which amended Title 10, Chapter 3, Section 3 to permit sidewalk cafes with existing
alcoholic beverages licenses to operate until 12:00 midnight. Until such amendment,
only sidewalk cafes currently without alcoholic beverage licenses were permitted to
operate until 12:00 midnight. The amendment contained a "sunset" clause that
automatically repealed the amendment on December 31, 2003, unless reenacted by City
Council. This amendment deletes the "repeal" or sunset provision.
Action: ~.~,~
ITEM 10, CONSIDER AN ORDINANCE AMENDING TITLE 2 OF THE CI~ CODE, ENTITLED
"HUMAN RIGHTS," TO SIMPLIFY THE PROBABLE CAUSE DETERMINATION
PROCESS, TO PROVIDE FOR MEDIATION, TO STREAMLINE THE CONCILIATION
PROCESS, TO DEFINE LITIGATION WORTHY, TO ESTABLISH PROCEDURES FOR
PUBLIC HEARINGS, TO MODIFY THE POWERS OF THE HUMAN RIGHTS
COMMISSION, TO CLARIFY CERT~N DEFINITIONS, AND TO MAKE ADDITIONAL
NONSUBSTANTIVE CHANGES. (FIRST CONSIDE~TION)
Comment: Staff and the Human Rights Commission are recommending amendments to
the Human Rights Ordinance. The prima~ changes are modifying the process by which
probable cause determinations are made and establishing detailed procedures for
conducting public hearings. A mere detailed memorandum from staff outlining these and
other major changes is in the Council packet.
Action:
November 10, 2003 City of Iowa City Parle 7
ITEM 11. CONSIDER A RESOLUTION DIRECTING SALE OF $5,570,000 GENERAL
O~>- ~ OBLIGATION BONDS, SERIES 2003.
Comment: Bids were received at 11:00 am on November 10, 2003 for the sale of
$5,570,000 General Obligation Bonds. This resolution ratifies and confirms the actions
of the City Clerk and Finance Director in the determination of the most favorable bid. A
completed resolution will be presented to the City Council at the formal meeting the
evening of November 10, 2003.
Action: .~_g.P ~'~ ~ ~?~'~'~--~---~:~///~~,
ITEM 12. CONSIDER A RESOLUTION APPROVING EXECUTION OF AN AGREEMENT
O% ~ ~ BE~EEN THE CI~ OF IOWA CI~ AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR GROUNDWATER AND SURFACE WATER MONITORING AND ANNUAL
WATER QUALI~ REPORTS FOR THE IOWA CI~ SANITARY LANDFILL.
Comment: This agreement authorizes Howard R. Green Company to provide
engineering se~ices necessa~ for groundwater and sudace water monitoring and
annual water quality repods in accordance with State and Federal regulations for a
period of three years. The total cost of engineering consultant se~ices is $164,100.
Funding will be provided by landfill revenues.
Action: ~a~~//~~ ,
ITEM 13. CONSIDER A RESOLUTION APPROVING EXECUTION OF AN AGREEMENT
o~- ~ BE~EEN THE CITY OF IOWA CI~ AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR LANDFILL GAS COLLECTION SYSTEM OPE~TION AND MONITORING AT
THE IOWA CI~ SANITARY ~NDFILL.
Comment: This agreement authorizes Howard R. Green Company to provide
engineering se~ices necessa~ for operation and monitoring of the landfill gas collection
system and to prepare repods in accordance with State and Federal regulations for a
period of three years. The total cost of engineering consultant se~ices is $110,000.
Funding will be provided by landfill revenues.
ITEM 14. CONSIDER A RESOLUTION ESTABLISHING AN ADMINIST~TIVE FEE FOR
PROVIDING SIDEWALK REPNR BY CONTACT.
Comment: The City has a Sidewalk Repair Inspection Program in place in which each
year sidewalks in an area of Iowa City are inspected. Properly owners are notified of the
need to repair their sidewalk and given an adequate amount of time to accomplish the
repairs. Because not all properly owners repair their sidewalks within the allotted time,
the Engineering Division contracts for the repairs and invoices the properly owners for
construction costs incurred. At the present time, administrative costs associated with
hiring a contractor and inspecting the work are not billed and are absorbed by the
General Fund. This resolution will institute a 10% fee to offset the administrative and
inspection costs incurred.
Action: ~'~ /V~~ ~ '~ ~
November 10, 2003 Cit~/ of Iowa Cit~/ Page 8
ITEM 15. CONSIDER A RESOLUTION RATIFYING SETDLEMENT OF PENDING LITIGATION.
5~ <~ Comment: This Resolution will confirm and ratify a proposed settlement agreement
involving pending litigation if the City Council approves of the settlement during the
executive session scheduled for Monday, November 10, 2003.
ITEM 16. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
/
ITEM 17. COUNCIL APPOINTMENTS
..'~V--'*~' AirpoA Zoning Board of Adjustment: One appointment to fill an unexpired plus a
five-year term ending December 31, 2008. (3 males and 0 females currently se~e)
. Animal Care & Adoption Center Adviso~ Board: One appointment to fill a three-
year term Janua~ 1, 2004 - December 31, 2006. (Term expires for Me.ann Dennis)
(1 male and 3 females currently se~e)
Janua~ 1, 2009. (Term expires for Michael Paul) (3 males and 1 female currently
se~e)
terms Janua~ 1, 2004 - December 31, 2008. (Term expires for Anna Buss and Tim
Fehr) (5 males and 0 females currently se~e)
e. Historic Prese~ation Commission: One ~ppointment (Woodlawn District
Representative) to fill a three-year term March 29, 2003 - March 29, 2006. (Term
expires for Peter Jochimsen) (8 males and 1 female currently se~e)
f. Human Rights Commission: Three appointments to fill three-year terms Janua~ 1,
2004 - Janua~ 1, 2007. (Term expires for Lisa Beckman, Paul Retish, Keri Neblett)
(3 males and 3 females currently se~e)
~ ~ ~~omm...ion: Two appo.ntm.nts to fill ,our-y.ar t~rms
1, 2004 - ~anua~ ~, 2000. {lerm expires for Margaret Coomer and Allen Stroh) (4
males and 3 fomalos currently
h. Senior Center Commission: T~ ~ppointments to fill three-year terms Janua~ 1,
2004 - December 31, 2006. (Term expires for Chevalier Monsanto and Deb
Schoenfelder) (1 male and 3 females currently se~e)
November '10, 2003 Cit~/ of Iowa Cit~/ Parle 9
ITEM 18. ANNOUNCEMENT OF VACANCIES. [Staff will not publish additional notices after a
period of six publications; but will continue to advertise vacancies with postings and on
the Council agenda. However, no additional publication costs will be incurred.]
Previous.
a. Police Citizens Review Board: One vacancy to fill an unexpired term ending
September 1, 2005. (David Bourgeois resigned) (3 males and 1 female currently
serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 19.
New.
b. Airport Commission: Two vacancies to fill unexpired terms. One ending March 1,
2007 and the other March 1, 2008. (Rick Mascari and Michelle Robnett resigned) (3
males and 0 females currently serve). Correspondence included in Council
/ .~j~ packet.
[~;~/~ ~ c. Planning & Zoning Commission: One vacancy ,o fill an unexpired term ending
December 31, 2005. (Ann Bovbjerg resigned) (4 males and 2 females currently
/ /j~,~ 'X~ serve). Correspondence included in Council packet.
APPLICATIONS MU.ST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DEC. EMBER 17.
ITEM 20. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. City Clerk..~-"
c. City Manager.
ITEM 21. ADJOURNMENT.
City Council Meeting Schedule and
Work
Session
, uenuas November 8, 2003
CITY OF IOWA CITY
www.icgov.org
TENTATIVE FUTURE MEETINGS AND AGENDAS
· MONDAY, NOVEMBER 10 Emma J. Harvat Hall
6:15p Special Formal Council Meeting
Executive Session - Pending Litigation
To follow Special Special Council Work Session
Formal Executive · Review Zoning Items [Franklin]
Session · Review Agenda Items [Atkins]
· Council Time
· Council Appointments: Airport Zoning Board of Adjustment (1); Animal
Care & Adoption Center Advisory Board (1); Board of Adjustment {1);
Board of Appeals (2); Historic Preservation Commission (1); Human Rights
Commission (3); Parks and Recreation Commission (2); Senior Center
Commission (2)
7:00p Special Formal Council Meeting
· TUESDAY, NOVEMBER 11 Emma J. Harvat Hall
Veterans' Day Holiday - City Offices Closed
· MONDAY, NOVEMBER 17 Emma J. Harvat Hall
6:30p Special Council Work Session
· Municipal Electric Utility [Latham and Associates]
· MONDAY, NOVEMBER 24 Emma J. Harvat Hall
6:30p Special Council Work Session
· TUESDAY, NOVEMBER 25 Emma J. HarvatHall
7:00p Special Formal Council Meeting
· THURSDAY, NOVEMBER27
Thanksgiving Day Holiday - City Offices Closed
· FRIDAY, NOVEMBER 28
Thanksgiving Day Holiday - City Offices Closed
Meeting dates/times/topics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
West Side Plan Private Sponsorship of Public Services
No Smoking within 20' of City Building Entrances