HomeMy WebLinkAbout2004-04-06 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Iowa City - = -
City Council Agenda C,~o~o~VAC,~ ~,.~
Regular Formal
April 6, 2004 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
ITEM 1. CALL TO ORDER.
ROLL CALL.
ITEM 2. MAYORS PROCLAMATION.
a. Week of the Young Child /~*~
b. Fair Housing Month - ~
c. Head and Neck Cancer Awareness Week-
d. National Medical Laboratory Week
e. Crime Victims' Week
f. Public Access Television Week (,,~ r r(~-
g. Sexual Assault Awareness Month
h. Alcohol Awareness Month /~"¢'
ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS
Grant Wood Elementary
· Kyven Gadson
Longfellow Elementary
· Chelsea Davis
· Breanne Hugh
· Graham Rowden
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) March 15, Regular Work Session
2) March 16, Regular Council Formal Official and Complete
April 6, 2004 Cit~/of Iowa City Parle 2
b. Receive and File Minutes of Boards and Commissions (recommendations
to Council become effective only upon separate Council action).
1) Human Rights Commission: January 27, 2004
2) Parks and Recreation Commission: February 11, 2004
Recommendation: City Council name the Miller/Orchard parkland "Benton
Hill Park".
3) Board of Adjustment: February 11, 2004
4) Airport Commission: February 12, 2004
5) Senior Center Commission: February 17, 2004
Recommendation: The Iowa City Council approve the Articles and by-laws
creating the Iowa City Seniors Fund and to amend the Gift Fund Resolution
to allow gift fund money to be used as a start-up donation to the Iowa City
Seniors Fund. it was a unanimous vote in favor of the motion. The idea has
been discussed at several of the last Commission meetings--so the topic is
included in the minutes from the past several months. [See item 22 on this
agenda]
6) Housing and Community Development: February 18, 2004
7) Housing and Community Development: February 19, 2004
8) Public Library: February 19, 2004
9) Airport Commission: February 20, 2004
10) Telecommunications Commission: February 23, 2004
c. Permit Motions and Resolutions as Recommended by the City Clerk.
New.
1. Special Class C Liquor License for General Japanese Restaurant, Inc.,
dba General Japanese Restaurant, Inc., 1853 Lower Muscatine Rd.
Renewal:
2. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6
S. Dubuque St.
3. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S.
Dubuque St.
4. Class C Liquor License for Sports Column Corp. dba Sports Column, 12
S. Dubuque St.
5. Class C Liquor License for Kitty Hawk Co., dba Kitty Hawk, 1012 Gilbert
Ct.
6. Class C Liquor License for Ambiance LLC, dba Lark Restaurant, 1069
Hwy 1 West.
7. Class C Liquor License for Lodog, Inc., dba Airliner, 22 S. Clinton St.
[See memo from Johnson County Attorney included in packet]
8. Class C Liquor License for First Avenue Club, inc., dba First Avenue
Club, 1550 S. First Ave.
9. Class C Liquor License for lC Lodge #590 BPO Elks of USA dba BPO
E~k's #590, 637 Foster Road.
10. Special Class C Liquor License for Little Donkey's, Inc., dba
Panchero's, 32 S. Clinton St.
11. Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza
& Ice Cream Parlor, 225 S. Gilbert St.
April 6, 2004 City of Iowa City Parle 3
o~ - ~ 12. Resolution to issue Dance Permit to First Avenue Club, Inc., dba First
Avenue Club, 1550 S. First Ave.
d. Setting Public Hearings.
(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
o ~'- ~D APRIL 20, 2004 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED
"CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE
RATES FOR FEES AND CHARGES FOR WATER SERVICE
CHARGES.
Comment: This proposed ordinance would decrease water service
charges by 5%. This is due to the bid for construction of the new water
supply and treatment facility and distribution system being lower than
pr. ojected. The effective date is for billings on or after July 1, 2004.
e. Resolutions.
(1) CONSIDER A RESOLUTION AUTHORIZING THE CITY TO ENTER
· o z~.., 0~ ~ INTO A SYNCHRONIZATION MASTER LICENSE AGREEMENT WITH
RED HOUSE RECORDS, INC. TO PERMIT THE CABLE DIVISION TO
USE PORTIONS OF SOUND RECORDINGS AND COMPOSITIONS IN
CONNECTION WITH THE DIVISION'S AVATAR PROJECT,
Comment: This resolution and agreement would permit the City's Cable
Division to utilize a portion of Red House Records Inc.'s master sound
recordings and compositions of recording artist Greg Brown in
connection with the Division's live, interactive community program, the
Avatar Project.
(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
~,~.~ c~ AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE DUBUQUE
STREET / FOSTER ROAD INTERSECTION IMPROVEMENT
PROJECT (STP-U-3715(625)--70-52).
Comment: This resolution authorizes the City to enter into a funding
agreement with the Iowa Department of Transportation (IDOT) for the
Dubuque Street / Foster Road Intersection Improvement Project. The
agreement provides for a grant of $1,600,000, not to exceed 80% of the
construction cost. The remaining costs will be funded locally with Road
Use tax proceeds.
TO: Mayor, City Council, General Public
FROM: · City Clerk
DATE: April 5, 2004
RE: Additions AJ~ril 6 aggnda
Consent Calendar: HFECRR-'-~~.MiNoGFf°r'
CONTRACT, AND ESTIMATE OF COST FOR THE ~
CONSTRUCTION OF THE BROOKLAND PARK SEWER ~
SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will separate a combined sanitary and ~
storm sewer system in the Brookland Park area. The project will .~
~--. consist of a new storm sewer, and paving improvements to ~
~...~__._ Brookland Park Drive and portions of Melrose Court.~.__~...---~
ITEM NO. 26b CONSIDER A RESOLUTION AUTHORIZING INDEMNIFICATION
FOR PUNITIVE DAMAGES CLAIMED IN A LAWSUIT BROUGHT
AGAINST A POLICE DEPARTMENT EMPLOYEE AS A RESULT
OF HIS ACTIONS IN INVESTIGATING A CAR ACCIDENT AND
THE SUBSEQUENT ARREST OF AN INDIVIDUAL.
The lawsuit is Marie Taylor v. Derek Frank, City of Iowa City. In
accordance with City Council discussions during its executive
session on April 5; 2004, this resolution will set forth the Council's
agreement to indemnify the city employee sued in connection with
the claims alleged in the above-referenced litigation against
punitive damages.
ITEM NO. 26c CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF
PENDING LITIGATION
Comment: This resolution will confirm and ratify a proposed
settlement agreement involving pending litigation if the City Council
approves the settlement during the exexutive session scheduled for
Monday, April 5, 2004.
April 6, 2004 City of Iowa City Parle 4
(3) 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 HILLS
BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company, Iowa City, Iowa has
requested that the City approve a Subordination Agreement for 19
Regal Lane to refinance a home mortgage. On April 25, 1997, the
owner of the property received a loan from the City of iowa City's
Downpayment Assistance Program for $3,000. The assessed value of
the property is $103,000 which provides enough equity to cover the
City's lien position.
(4) CONSIDER A RESOLUTION ACCEP~NG~E WORK FOR THE
RECREATION AND CiViC C~,N'TER (CITY HALL)HVAC AND
PLUMBING REPLA~T"PROJECT. ~.
Comment: T~F~ been complete(J in_substantial ~'ccordance
with th~ecifi~tions. The Engineer's Report and
P~ bonds are on file with the City Clerk. [Staff
~uded in Council packet]
(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST
CO., AND ICBB LTD. d/b/a IOWA CITY BROWN BOTTLE, FOR A
SIDEWALK CAFE
Comment: Iowa State Bank & Trust Co., as landowner, and ICBB Ltd.,
d/b/a as Iowa City Brown Bottle, seek a license agreement for
temporary use of public right-of-way at 115 E. Washington St., Iowa
City, Iowa for a sidewalk cafe. City staff has reviewed the plans and
specifications and required submittals and recommends approval of
said agreement.
o,~-- ~(~ (6) CONSIDER A RESOLUTION AUTHORIZING THE CITY TO ENTER
INTO A CONSULTING AGREEMENT WITH RICE, WILLIAMS
ASSOCIATES, INC.
This resolution authorizes the City to enter into an agreement with Rice,
Williams Associates, Inc., so that they may provide consulting services
regarding cable television services relating to the renewal of, or
extension of, the cable television franchise held by Mediacom.
April 6, 2004 City of Iowa City Parle 5
f. Correspondence.
1) JCCOG Traffic Engineering Planner: Relocation of iowa City Transit
bus stop from the west side of the intersection of ACT
Circle/Dodge Street to the west side of the intersection of Scott
Boulevard/Dodge Street
2) JCCOG Traffic Engineering Planner: Modify All Commercial Vehicle
Loading Zones or Loading Zones in the Central Business District
to COMMERCIAL VEHICLE/LOADING ZONE 30 MIN LIMIT 8 AM- 5
PM, NO PARKING 2 AM - 6 AM TOW AWAY ZONE [List of locations
attached to memo]
3) JCCOG Traffic Engineering Planner: Lexington Avenue Traffic
Calming Barricade
4) Charles J. Conrad: J.D. Power and Associates 2004 Electric Utility
Business Customer Satisfaction Study
5) Mark Patton: Funding under the CDBG/HOME Investments
Partnerships Program
6) Alison Werner Smith: Query on Corrective Resolution [Staff response
included]
7)Benton Hill Park: Anna Buss, Mary Knudson [Staff response included]
8) Michelle Hankes: Requesting that Block Grant Funds be Awarded in
the Form of a Grant
9) Kortny Williamson: College Student Researching Chain Businesses
Downtown [Staff Response Included]
10)Saul Mekies and Carol Spaziani: Vote on Iowa City Light and Power
11) Pia Broccard: Thank you to Iowa City Fire Dept #2 [Staff response
included]
12) Matthew Thatcher: Iowa City Alcohol and Bar Committee [Staff
response included]
13)Betsy Riesz: Transportation Service for Sarah Riesz
14) Darin Swartzendruber: Who is the head of Iowa City's Government?
[Staff response included]
15) Inaugural Issue: The United States Interagency Council on
Homelessness e-newsletter
END OF CONSENT CALENDAR.
(-"~'~'~; '~'~/ ~/(~ ' ~~ON'THE U~TIr'L 8 ~ .....
ITEM 5. COMMUNITY COMMENT (ITEMS NOT AGENDA). [ PM~/(
Community Comment will be continued, if necessary, prior to "City Council
item.
April 6, 2004 City of Iowa City Parle 6
ITEM 6. PLANNING AND ZONING MATTERS.
a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR MAY 4, 2004, ON
AN ORDINANCE CREATING A SELF-SUPPORTING MUNICIPAL
IMPROVEMENT DISTRICT (SSMID) ACCORDING TO IOWA CODE
CHAPTER 386 FOR DOWNTOWN IOWA CITY.
Comment: A petition was filed by property owners in the CB-10 zone
(downtown) on October 10, 2003 requesting the establishment of a SSMID
according to the provisions of Iowa Code Chapter 386. Said petition met the
technical requirements of Iowa Code and was forwarded to the Planning and
Zoning Commission for their evaluation. A copy of the evaluative report from
the Planning and Zoning Commission is included in this packet for your review.
As required by Iowa Code, a notice of this public hearing will be sent to
property owners within the proposed CB-10 SSMID. [Memo included in Council
packet]
Action:
b. REZONING APPROXIMATELY 32,000 SQUARE FEET FROM CENTRAL
BUSINESS SERVICE ZONE (CB-2) TO HIGH DENSITY MULTI-FAMILY
RESIDENTIAL ZONE (RM44) FOR PROPERTY LOCATED AT 302 AND 308
SOUTH GILBERT STREET. (REZ04-00003)
Comment: At its March 4 meeting, by a vote of 6-0 (Freerks absent), the
Planning and Zoning Commission recommended approval. Staff
recommended approval in a report dated February 19. The proposed rezoning
to RM-44 will make the buildings in Ralston Creek Village more conforming with
current zoning requirements and will allow the owner to modify the ground floor
residential units according to RM-44 zoning requirements.
(~) PUBLIC HEARING
Action: ~ ~' K~,¢./
CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
April 6, 2004 City of Iowa City Parle 7
c. REZONING APPROXIMATELY 24.1 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-
FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR
PROPERTY LOCATED ON SOUTH SYCAMORE STREET, EAST OF
SOUTHPOINT SUBDIVISION. (REZ04-00002)
Comment: At its March 4 meeting, by a vote of 6-0 (Freerks absent), the Planning
and Zoning Commission recommended approval subject to conditions related to
funding of future Sycamore Street improvements, access, and subdivision design
considerations. Staff recommended approval in a memorandum dated February
27, 2004. This rezoning would allow the development of a single family
subdivision.
(~) PUBLIC HEARING
Action: .~'~?~-~ ~
CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: U/,~f_,~~ //~,~'~ ~ /5.,W'(],~-?
d. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS
ADDITION, IOWA CITY, IOWA (SUB04-00001)
Comment: It is anticipated the Planning and Zoning Commission will make a
recommendation on the final plat of J JR Davis Addition at their April 1 meeting.
Staff recommended approval in a report dated April 1. The J JR Davis Addition
is a 26.96 acre, eight-lot Commercial Highway, CH-l, subdivision located on
the west side of Mormon Trek Boulevard, south of Highway 1.
Action: ~/~I~ '~ ~?~_
April 6, 2004 City of Iowa City Parle 8
ITEM7. AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY
ADOPTING THE INTERNATIONAL BUILDING CODE, 2003 EDITION, AND THE
INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON
CONTROL METHODS, 2003 EDITION, PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE
FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE
CITIZENS OF IOWA CITY, iOWA.
Comment: The Board of Appeals held public meetings on February 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present at a code update meeting held February 24, 2004 where
input to the ordinance and support for the amendments were provided. Also, on March
11, 2004 the Historic Preservation Commission reviewed the code amendments and
offered no further changes. A description of notable changes on items 7-12 is included
in Council's packet. Staff recommends action to allow passage and publication by July
1, 2004.
(a) PUBLIC HEARING
Action: ~'
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
April 6, 2004 City of Iowa Cit~/ Parle 9
ITEM8. AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION,
ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE,
REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY
FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE,
HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND
DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY;
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFORE; REPEALING ORDINANCE NO. 02-4034 OF THE CITY OF IOWA
CITY AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN
CONFLICT THEREWITH.
Comment: The Board of Appeals held public meetings on February 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present at a code update meeting held February 24, 2004 where
input to the ordinance and support for the amendments were provided. A description of
notable changes is included in Council's packet under item 7. The proposal to require
automatic fire sprinkler systems in all existing fraternities and sororities was not
favored by the Board of Appeals. That proposal has been removed. Staff
recommends action to allow passage and publication by July 1, 2004.
(a) PUBLIC HEARING
Action:
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
April 6, 2004 City of Iowa City Parle 10
ITEM 9. AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF
ORDINANCES, BY ADOPTING THE 2003 EDITION OF THE UNIFORM PLUMBING
CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE,
MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE,
EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND
APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO
PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING
INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES
FOR VIOLATIONS.
Comment: The Board of Appeals held public meetings on February 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present a code update meeting held February 24, 2004 where
input to the ordinance and support for the amendments were provided. A description of
notable changes is included in Council's packet under item 7. Staff recommends action
to allow passage and publication by July 1, 2004.
(a) PUBLIC HEARING
Action: ~'~
//
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
ITEM 10. AMENDING SECTION 14, CHAPTER 5, ARTICLE D, MECHANICAL CODE, BY
ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
Comment: The Board of Appeals held public meetings on February 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present at a code update meeting on February 24, 2004 where
input to the ordinance and support for the amendments were provided. A description of
notable changes is included in Council's packet under item 7. Staff i'ecommends action
to allow passage and publication by July 1, 2004.
(a) PUBLIC HEARING
Action:
f/
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
April 6, 2004 City of Iowa City Pa~e 11
ITEM 11. AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY
ADOPTING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING
ARTICLES 80 AND 90, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL
CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE
INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING,
FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH
VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS
AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF
FEES; AND PROVIDING PENALTIES FOR VIOLATIONS.
Comment: The Board of Appeals held public meetings on February 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present at a code update meeting held February 24, 2004 where
input to the ordinance and support for the amendments were provided. A description of
notable changes is included in Council's packet under item 7. Staff recommends action
to allow passage and publication by July 1, 2004.
(a) PUBLIC HEARING
Action:
-- //
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: /~t~,'~z~--,/~ ' l') *' h ~' /l /-.~d. ~ / ~
ITEM 12. AMENDING CI~ CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE,"
CH~TER 5, ENTITLED "BUILDING ~D HOUSING," BY ADDING A NEW ARTICLE
N ENTITLED "FUEL GAS CODE" AND ADOPTING THE 2003 EDITION OF THE
INTERNATION~ FUEL GAS CODE PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, AND PROVIDING FOR CERTNN AMENDMENTS THEREOF; TO
PROVIDE FOR THE PROTECTION OF THE H~LTH, WELFARE AND SAFE~ OF
THE CITIZENS OF IOWA CI~, IOWA.
Comment: The Board of Appeals held public meetings on Februa~ 9th and March 8,
2004 to secure input from clients and contractors. Members of the Iowa City
Homebuilders were present at a code update meeting on Februa~ 24, 2004, where
input to the ordinance and suppo~ for the amendments were provided. A description of
notable changes is included in Council's packet under item 7. Staff recommends action
to allow passage and publication by July 1, 2004.
(a) PUBLIC HEARING
Action:
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
April 6, 2004 City of Iowa City Parle 12
ITEM 13. THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION
OF PROPERTY RIGHTS FOR SEGMENT A OF THE CAMP CARDINAL ROAD
PROJECT.
Comment: The City of Iowa City must acquire right-of-way, fee title, permanent
easements and temporary construction easements to construct the Segment A of the
Camp Cardinal Road Project. This public hearing provides interested parties the
opportunity to present their views on the project and the proposed acquisition of
properly rights. The project includes grading, paving, sidewalk, storm sewer, water
main, and related construction of Camp Cardinal Road from Melrose Avenue to the
City limits. This is joint project with Southgate Development and the City of Coralville.
(a) PUBLIC HEARING
Action: qt2 ~2~ ¢Z~/C4,f'~ ~
- c~'[ (b) CONSIDER A RESOLUTION DECLARING
Action: ~)'/~)¢. ~¢(// /n A~;~
ITEM 14. THE Cl~'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION
OF PROPER~ RIGHTS FOR THE SOUTH GILBERT STREET IMPROVEMENTS
PROJECT - NAPOLEON LANE TO CI~ LIMITS.
Comment: The City of Iowa City must acquire right-of-way, fee title, permanent
easements and tempora~ construction easements to construct the South Gilbe~
Street Improvements Project Napoleon Lane to City limits. This public hearing
provides interested padies the oppodunity to present their views on the project and the
proposed acquisition of prope~ rights. The project includes grading, paving, storm
sewer, water main, and related construction of South Gilbed Street from Napoleon
Lane to City limits. This is a joint project with Johnson County.
(a) PUBLIC HEARING
Action: i~0 ~ ~P~
CONSIDER A RESOLUTION DECLARING
Action: _~ Jt~out / 4:¢¢ '~_~//
,
April 6, 2004 City of Iowa City Parle 13
ITEM 15. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY
... ~c~ REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET
IMPROVEMENTS PROJECT.
Comment: The City of Iowa City wishes to construct roadway and associated utility
improvements to South Gilbert Street lying between Napoleon Lane and the city limits,
and Johnson county wishes to construct similar improvements to the extension of said
road, known as Sand Road, south from city limits to 480th Street. City and County
Staff have negotiated a 28E Agreement pursuant to which this project would be done
jointly. The agreement sets forth the improvements to be constructed and allocates
responsibility for the costs of said work. This resotution approves of the negotiated
28E Agreement and authorizes its execution.
Action: ~]' 7'~¢~,t.,~ /! / /~/~,, ~.¢/.'14¢~-.~
ITEM 16. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED
"USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM
PERMITrlNG PROCESS, TO ESTABLISH REQUIREMENTS FOR THE FARMERS
MARKET, TO PROVIDE FOR THE NONCOMMERCIAL PLACEMENT OF OBJECTS
IN CITY PLAZA ON A TEMPORARY BASIS, TO MODIFY THE PROVISION ON
RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT PROVISIONS
REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO CODIFY
SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE
ADDITIONAL NONSUBSTANTIVE CHANGES. (~r'=~C~N~ qCONSIDERATION)
Comment: Staff is recommending amendments to various provisions governing the
private use of public property which include parades, "sidewalk days," Farmers Market,
and park facilities. The amendment also creates a uniform process by which the City
issues permits for a variety of private uses. Council discussed the ordinance at their
January 20, February 3 and 17, and March 2 and 16 formal meetings. A staff memo
outlining suggested changes following a meeting between the Iowa Civil Liberties
Union and the City Attorney's office is included in Council packet. One of the
suggested amendments would be a substantive change to the ordinance acted upon
on March 16 and would necessitate a first reading of the ordinance.
April 6, 2004 City of Iowa City Parle 14
ITEM17. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC
BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS,"
AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9,
ENTITLED "PARKS AND RECREATION REGULATIONS," SECTION 2, ENTITLED
"PROHIBITED ACTIONS IN PARKS AND PLAYGROUNDS" TO ALLOW FOR THE
SALE, POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED
CIRCUMSTANCES IN A CITY PARK, ON PUBLIC RIGHT-OF-WAY, OR ON A CITY
GROUND, EXCLUDING CITY BUILDINGS, PURSUANT TO A WRI~-rEN
AGREEMENT WITH THE CITY. (SECOND CONSIDERATION)
Comment: Presently City ordinances do not allow the sale or consumption of alcohol
on City property. Riverside Theatre requested that it be allowed to sell beer and wine
in conjunction with the performances of the Riverside Theatre Shakespeare Festival in
June and July in City Park. At Council's direction this ordinance allows for the sale and
consumption of beer and wine under limited circumstances in a city park or on public
right-of-way or on City ground, excluding City buildings.
Action:
Z~ ~'"-'~'~ "~"
ITEM 18. CONSIDER AN ORDINANCE AMENDING THE CITY CODE, TITLE 9, "MOTOR
VEHICLES AND TRAFFIC", CHAPTER 5, "PARKING METER ZONES AND
-. ~ll~ PARKING LOTS", SECTION 3, "PARKING IN METERED ZONES", TO INCLUDE
MULTI-SPACE PARKING METERS OR PAY STATIONS. (SECOND
CONSIDERATION)
Comment: The proposed amendment would add language to treat multi-space parking
meters or pay stations where payment in advance is required, (such as Chauncey
Swan parking ramp) similar to single meter parking requirements and would treat
overtime violations similar to expired meters. Staff recommends expedited
consideration to enable parking enforcement personnel to issue tickets for such
violations.
Action:
April 6, 2004 City of Iowa City Parle 15
ITEM 19. CONSIDER AN ORDINANCE AMENDING THE CITY CODE, TITLE 14, "UNIFIED
DEVELOPMENT CODE, CHAPTER 1, "STREETS, SIDEWALKS AND PUBLIC
RIGHT OF WAY, .... ARTICLE A. STREETS, SIDEWALKS AND PUBLIC RIGHT OF
WAY GENERALLY", SECTION 14-1A-6, "MAINTENANCE OF PUBLIC RIGHT OF
WAY", TO IMPOSE LIABILITY ON ABUTTING PROPERTY OWNERS FOR
FAILURE TO MAINTAIN ALL PUBLIC RIGHT OF WAY LOCATED BETWEEN THE
EDGE OF THE STREET OR CURB LINE AND THE PROPERTY LINE. (FIRST
CONSIDERATION)
Comment: City Code § 14-1A-6 currently imposes the responsibility on the abutting
property owner to maintain all public right of way located between the edge of the
street or curb line and the property line. However, City Code does not specifically
impose liability on the abutting property owner for failure to maintain such property.
The proposed amendment would impose liability for damages caused by failure to
maintain said right of way, including sidewalks. Memo from staff is included in the
agenda packet.
ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY
O~-' /OO INTERESTS NECESSARY FOR CONSTRUCTION OF THE DUBUQUE STREET /
FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT.
Comment: The City of Iowa City must acquire right-of-way, fee title, permanent
easements and/or temporary construction easements to construct the Dubuque Street
/ Foster Road Improvement Project. The project includes grading, paving, storm
sewer, water main, sanitary sewer, traffic signal installation and related construction
work including the installation of traffic signalization at the intersection.
Action: ~/~1~'~*/~¢'~-~- / 4~ '~¢,'),,e~//
ITEM 21. CONSIDER A RESOLUTION ESTABLISHING THE SCATTERED SITE HOUSING
TASK FORCE
Comment: The City Council has requested that an ad hoc, citizen task force be
created to review Iowa City's existing assisted housing inventory, housing programs
and policies or practices regarding the distribution, location and types of assisted
housing in Iowa City. The resolution also defines assisted housing as any housing
development or acquisition for Iow-moderate income households (including rental,
homeownership, transitional housing and residential facilities) receiving any public
assistance or support, including federal, state, city or county funding.
Action:
, /
April 6, 2004 City of Iowa City Parle 16
ITEM22. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND
ADOPTING IN LIEU THEREOF A NEW RESOLUTION FOR THE ESTABLISHMENT
OF A SENIOR CENTER FUND FOR THE MANAGEMENT OF GIFTS, MEMORIALS,
AND FUNDRAISING REVENUE TO THE IOWA CITY/JOHNSON COUNTY SENIOR
CENTER.
Comment: Since August of 2003 the Senior Center Commission has been exploring
options for investing a portion of the money currently held in the Center's Gift Fund in a
Senior Center designated fund in the Community Foundation of Johnson County. At
their regular meeting on February 17, 2004, the Commission unanimously approved a
proposal that a non-profit corporation be established to facilitate this. A more detailed
memorandum from staff was in the Council packet for the April 6, 2004 meeting.
Action:
ITEM 23. CONSIDER A RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL
---' /~)o~, PURCHASE A 4-ACRE PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO
LOWER WEST BRANCH ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO Al-rEST DOCUMENTATION OF THE SAME
Comment: The Public Works Department considers it in the public interest to acquire
property for location of a water storage tank east of Iowa City. St. Mark's United
Methodist Church, owner of property east of Iowa City adjacent to Lower West Branch
Road, has accepted an offer from the City to purchase a parcel approximately 4 acres
in size for $54,000. This offer is contingent upon City Council approval. Because the
property is in the county just outside city limits, formal subdivision proceedings will
have to be approved before the transaction can be completed. This resolution
approves the terms on which the City will purchase the parcel and authorizes City staff
to proceed with the purchase the property, subject to formal approval of the necessary
subdivision proceedings.
Action:
ITEM 24. CONSIDER A RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL
OF GOVERNMENTS (ECICOG) REGIONAL COMPREHENSIVE SOLID WASTE
· - /0 % MANAGEMENT PLAN
Comment: As required by State law, an update has been prepared to the EClCOG
Regional Solid Waste Management Plan. This plan must be adopted by all entities
that contribute waste to the Iowa City Landfill. ECICOG has already approved the
plan. The plan contains recommendations which may be subsequently considered for
implementation by the City of Iowa City as operator of the landfill.
Action:
.~/
April 6, 2004 City of Iowa Cit~/ Parle 17
ITEM 25. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
C~[----, /O'~" MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
, CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT.
Comment: Bids for this project were opened on Tuesday, March 30 and the following
bids were received:
L.L. Pelling Co., Inc. North Liberty, IA $ 374,126.65
Engineer's Estimate $ 369,000.00
Public Works and Engineering recommend award of the contract to L.L. Pelling Co.,
Inc. of North Liberty, Iowa. The project will be funded with Road Use tax proceeds.
Action:
ITEM 26¢L-' CONSIDER RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF NOT
TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
---/O,...~ . .2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE
REFUNDING BONDS, SERIES 2004, AND APPROVING ELECTRONIC BIDDING
PROCEDURES.
Comment: This resolution allows for the receipt of electronic bids by FAX machine
and through the PARITY competitive bidding system. This system has been
determined to provide reasonable security and to maintain the integrity of the
competitive bidding process, and to facilitate the delivery of bids by interested parties
in connection with the offering at public sale on April 20, 2004.
Action:
ITEM 27. CONSIDER A MOTION APPROVING A TENTATIVE AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF
IOWA CITY FOR A COLLECTIVE BARGAINING AGREEMENT TO BE EFFECTIVE
JULY 1, 2004 THROUGH JUNE 30, 2005.
Comment: This tentative agreement is based on the recommendations of a fact finder.
It provides for an across-the-board wage increase of 2.5% and an increase of longevity
payments for eligible officers.
Action:
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: April 5, 2004
RE: Additions April 6 agenda
Consent Calendar:
ITEM NO. 4d(2) CONSIDER RESOLUTION SETTING A PUBLIC HEARING for
APRIL 20, 2004, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE BROOKLAND PARK SEWER
SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will separate a combined sanitary and
storm sewer system in the Brookland Park area. The project will
consist of a new storm sewer, and paving improvements to
Brookland Park Drive and portions of Melrose Court.
ITEM NO. 26b CONSIDER A RESOLUTION AUTHORIZING INDEMNI
FOR PUNITIVE DAMAGES CLAIMED IN A LAWSUIT^ ,~-o..~-~BR-O-U-G,H~
O~--1~)/~ AGAINST A POLICE DEPARTMENT EMPLOYEE AS A RESULT
OF HIS ACTIONS IN INVESTIGATING A CAR ACCIDENT AND \'
THE SUBSEQUENT ARREST OF AN INDIVIDUAL.
The lawsuit is Marie Taylor v. Derek Frank, City of Iowa City. In
accordance with City Council discussions during its executive
session on April 5; 2004, this resolution will set forth the Council's
agreement to indemnify the city employee sued in connection with
the claims alleged in the above-referenced litigation against
punitive damages. /,,/4~,~_~.4.-//~-~C/r//¢b;,r¢/ ~:~ ~ 7~'
ITEM NO. 26c CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF
D4- -/D "]' PENDING LITIGATION
Comment: This resolution will confirm and ratify a proposed/
/
~ settlement agreement involving pending litigation if the City Council/'
~ approves the settlement during the exexutive session scheduleC,.fdr
~ Monday, April 5, 2004. , / ~.. ,,--,
April 6, 2004 City of Iowa City Parle 18
ITEM 28. 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. Airport Zoninq Brd of Adjustment - One vacancy to fill an unexpired term
ending December 31, 2006. (Carl Williams resigned) (2 Males and 0 Females).
b. Airport Zoninq Brd of Adjustment - One appointment to fill an unexpired plus a
five-year term ending December 31, 2008. (2 Males and 0 Females).
c. Charter Review Commission - Nine vacancies to fill a one-year term ending
May 4, 2005.
d. Historic Preservation Commission - One appointment (Woodlawn District
Representative) to fill a three-year term March 29, 2003 - March 29, 2006.
(Term expired for Peter Jochimsen) (7 Males and 2' Females currently serve).
e. Human Ri.qhts Commission - One vacancy to fill an unexpired term ending
January 1, 2005. (Rick Spooner resigned) (4 Males and 4 Females currently
serve).
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 28, 2004.
ITEM 29. COMMUNITY COMMENTARY] (ITEMS NOT ON THE AGENDA).
ITEM 30. CITY COUNCIL INFORMATION.
ITEM31. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney. j~¢ ~
b. City Clerk.
c. City Manager.
ITEM 32. ADJOURNMENT.
~ City Council Meeting Schedule and
~ Work Session Agendas A.~ ~, 200~
CITY OF IOWA (~ITY
www.icgov.org
· MONDAY, APRIL 5 Emma J. Harvat Hall
6:30p Special Formal - Executive Session [Separate Agenda Posted]
Council Work Session
· Planning and Zoning Items
· Council Laptop Use and Upgrade
· Agenda Items
· Council Appointments
· League of Women Voters Presentation
· Council Time
· Scheduling of Special Work Sessions (evaluationslEIliott proposals)
· TUESDAY, APRIL 6 EmmaJ. HarvatHall
7:00p Formal Council Meeting
TENTATIVE FUTURE MEETINGS AND AGENDAS
· MONDAY, APRIL 19 Emma J. Harvat Hall
6:30p Council Work Session
· Planning andZoning Items
· Agenda Items
· Council Appointments
· Council Time
· TUESDAY, APRIL 20 Emma J. Harvat Hall
7:00p Formal Council Meeting
· MONDAY, MAY 3 Emma J. Harvat Hall
6:30p Council Work Session
· Planning and Zoning Items
· Agenda Items
· Council Appointments
· Council Time
Meeting dates/times/topics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters