HomeMy WebLinkAbout2004-04-20 Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040,
Regular Formal
April 20, 2004 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.[cgov.org
ITEM 1. CALL TO ORDER.
ROLL CALL.
ITEM 2. MAYORS PROCLAMATION,
· ArborDay -
· Arson Awareness Week ~t~
· .erkyon Parade Month .~c,
· National Volunteer Week ~ ~..~
ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - LEMME ELEMENTARY
· Nathaniel Gier
· Noelle Polsley
ITEM 4. SPECIAL PRESENTATION.
· Trees Please Grant- MidAmerican
ITEM 5. 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) April 5, Special Council Formal Official and Complete
2) April 5, Regular Work Session
3) April 6, Regular Council Formal Official and Complete
4) April 8, Special Council Formal Official and Complete
April 20, 2004 City of Iowa City Page 2
b. Receive and File Minutes of Boards and Commissions (recommendations
to Council become effective only upon separate Council action).
1) Iowa City Historic Preservation Commission: February 12, 2004
2) Telecommunications Commission: February 23, 2004
3) Iowa City Historic Preservation Commission: February 26, 2004
4) Planning and Zoning: March 4, 2004
Recommendation: Approval for rezoning from CB-2, Central Business
Service to RM-44, High Density Residential Multi-Family for property
located 302 and 308 S. Gilbert Street.
Recommendation: Approval for rezoning from ID-RS, Interim Development
Residential, to RS-5, Low-Density Single-Family Residential, for approx.
24.1 acres of property located on South Sycamore Street.
Recommendation: Approval for a preliminary plat of General Quarters
subdivision, an approx. 24.1 acre, 29 lot single family subdivision located
east of Sycamore Street and south of Stanwyck Drive.
Recommendation: That the SSMID application for property located within
the Central Business (CB-10) zone, generally located between Iowa Ave,
Burlington St., Gilbert St., and Capitol St. met the eight criteria listed in Staff
Report of 1/9/04, but as petitioned did not have merit or feasibility based on
the issues of concern enumerated by the Commission.
5)Airport Commission: March 11, 2004
6)Iowa City Historic Preservation Commission: March 11,2004
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Daverse II, Inc., dba College Street Billiard Club,
114-116 E. College St.
2. Class C Liquor License for Sam's Pizza lC, Inc., dba Sam's Pizza lC, Inc.,
321 S. Gilbert St.
3. Class E Liquor License for Liquor House, Ltd., dba Liquor House, 326 S.
Clinton St.
4. Class C Beer Permit for Deli Mart Corp., dba DeliMart #3, 2410 Mormon
Trek Blvd.
5. Class C Beer Permit for Suburban Investors LLC, dba Suburban Amoco-
Keokuk Street, 1905 Keokuk St.
6. Resolution to issue Cigarette Permit to Goosetown Market, Inc., dba
Goosetown Market, Inc., 600 B N. Dodge St.
April 20, 2004 City of Iowa City Page 3
d. Motions.
1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $7,697,220.52 FOR THE PERIOD OF FEBRUARY 1
THROUGH FEBRUARY 29, 2004 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.
e. Setting Public Hearings.
(1) CONSIDE~ A RESOLUTION~ SETTING A P0~LIC HEARING ON
Comment: This r~olution sets a ~blic hearing for ~ay 4, 2004 to
amend the FY2004 budget. Informa~on will be av~dab~to the public
April 23, 2004,
0'4-- /10 (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 4, 2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004
PCC PAVEMENT REHABILITATION PROJECT - DODGE STREET,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Comment: This project includes full and partial depth patching, diamond
grinding, sawing, cleaning, and sealing all joints and cracks on Dodge
Street between Bowery Street and Kirkwood Avenue. This work will
extend the life of the pavement.
f. Resolutions.
t> '~r o I]] 1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A 28-E AGREEMENT FOR
HUMAN RIGHTS INVESTIGATIVE SERVICES BETWEEN THE CITY
OF IOWA CITY AND THE CITY OF AMES
Comment: The Cities of Iowa City and Ames both, in their Human Rights
Ordinances, prohibit discrimination based on sexual orientation. In
cases of conflict of interest, the State will not investigate because it does
not provide protection based on sexual orientation. This agreement will
allow the Human Rights investigative staff to investigate for the other
city in the event of conflict of interest.
TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: April 20, 2004
RE: Revision April 20 agenda
Consent Calendar:
ITEM NO. 5e(1) (Revised) CONSIDER A RESOLUTION SETTING A
PUBLIC HEARING ON AMENDING THE FY2004
O~ ,- //?°~ OPERATING BUDGET.
Comment: This resolution sets a public hearing for May 18,
2004 to amend the FY2004 budget. Information will be
available to the public May 7, 2004.
April 20, 2004 City of Iowa City Page 4
, t~.., I1,~. 2) CONSIDER A RESOLUTION ADOPTING THE 2004 ECONOMIC
DEVELOPMENT STRATEGY FOR THE CITY OF IOWA CITY
Comment: At their March 30, 2004 meeting, the Council Economic
Development Committee reviewed the 2004 Economic Development
Strategy. This document builds upon the successes the City of Iowa
City, and its partners, have achieved to encourage the expansion of the
commercial and industrial tax base of the community. This document
will serve as a guide for economic development activities and will
replace the 1999 Economic Development Strategy.
04,- ~la~ (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
RECREATION AND CIVIC CENTER HVAC AND PLUMBING
REPLACEMENT PROJECT.
Comment: This project has been completed in substantial accordance
with the plans and specifications. The Engineer's Report and
Pedormance and Payment bonds are on file with the City Clerk.
o~.-.. 11'~ (4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2003 ASPHALT RESURFACING PROJECT.
Comment: This project has been completed in substantial accordance
with the plans and specifications. The Engineer's Report and
Performance and Payment bonds are on file with the City Clerk.
O'ac''~' ItCc~ (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND HILLS
BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT LOT 20 LONGFELLOW MANOR, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company, Iowa City, Iowa has
requested that the City approve a Subordination Agreement for Lot 20
Longfellow Manor to obtain a construction loan. On March 14, 2003, the
owner of the property received a loan from the City of Iowa City's HOME
Investment Partnership funds for $177,500 to purchase five lots. The
duplex being constructed on Lot 20 will have enough equity to cover the
City's second lien position.
April 20, 2004 City of Iowa City Page 5
o~ ~., IJ ~ (6) 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 U S BANK,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 109 SOUTH
JOHNSON STREET, IOWA CITY, IOWA.
Comment: U S Bank, Iowa City, Iowa has requested that the City
approve a Subordination Agreement for 109 South Johnson Street to
refinance a mortgage. On July 23, 1993, the owner of the property
received a loan from the City of Iowa City's Housing Rehabilitation
Program for $6,311. The assessed value of the property provides
enough equity to cover the City's lien position.
O~.- - ! I -7 (7) CONSIDER RESOLUTION ESTABLISHING A POLICY FOR COUNCIL
MEMBER USE OF CITY LAPTOP AND PRINTER; ESTABLISHING
PROCEDURE FOR E-MAIL CORRESPONDENCE AND
DISTRIBUTION OF WEEKLY COUNCIL PACKETS; AND
ESTABLISHING A STIPEND FOR SUPPLIES AND DEDICATED
PHONE LINE FOR INTERNET ACCESS OR HIGH SPEED INTERNET
SERVICE
Comment: After discussion at the work session of April 5 staff prepared
this resolution establishing procedures for use of City equipment,
discontinuance of CD electronic packet distribution, clarifying e-mail
procedures, and establishing a stipend for supplies and costs of running a
dedicated phone line to Council Member residences.
g. Correspondence.
1) JCCOG Traffic Engineering~a C~ty Transit
bus stop f~~he intersection of ACT
Circle/~odge~ Street to the west side of the intersection of Scott
~,Bou~vard/Dodge Street (Deferred from 4~6)
2) Joseph Klapper: Siren Tests
3) Teri Snell: Melrose Avenue and Lot 43 [Staff response included]
4) Larry Jones: Lease Financing Issue
5) Woodson Spring: Corridor Trolley
6) E-Newsletter, April 7 and 14: The United States Interagency Council
on Homelessness e-newsletter
7)NCJRS: Youth Gangs in Indian Country
8) Katherine McCarthy: Possibility of Iowa City Bars becoming non-
smoking entirely [Staff response included]
9)Carol Spaziani: Invitation to League of Women Voters Panel
10)Susan Conrath: School Board [Staff response included]
END OF CONSENT CALENDAR.
April 20, 2004 City of Iowa City Page 6
ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
ITEM 7. PLANNING AND ZONING MATTERS.
a. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 32,000
SQUARE FEET FROM CENTRAL BUSINESS SERVICE ZONE (CB-2) TO
HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-44) FOR
PROPERTY LOCATED AT 302 AND 308 SOUTH GILBERT STREET.
(REZ04-00003) (SECOND CONSIDERATION)
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.
b. 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.
(1)PUBLIC HEARING (Continued from 4/6 meeting)
Action:
(2) CONSIDER AN ORDINANCE (Deferred from 4/§ meeting) (FIRST
CONSIDERATION)
April 20, 2004 City of Iowa City Page 7
· o~- v]] ~ c. CONSIDER A RESOLUTION APPROVING THE FINAL PLAT OF J JR DAVIS
ADDITION, IOWA CITY, IOWA (SUB04-00001) (DEFERRED FROM 4~6)
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 26.98 acre, eight-lot Commercial Highway, CH-l, subdivision located on
the west side of Mormon Trek Boulevard, south of Highway 1.
ITEM 8. CONSIDER A MOTION SETTING ~a. PUBL1C HEARING FOR MAY 4, 2004
REGARDING IOWA CITY'S FY05 ANNUAL ACTION PLAN, THAT IS A SUB-PART
OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (A.K.A. CITY STEPS) AS
AMENDED.
Comment: A public hearing regarding the FY05 Annual Action Plan, which contains
the proposed Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program monies, is being set for May 4, 2004. A 30-day public comment
period started on April 2, 2004.
Action:
ITEM 9. AMENDING TITLE 3 "CITY FINANCES, TAXATION & FEES," CHAPTER 4
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF
THE CITY CODE, TO DECREASE WATER SERVICE CHARGES AND FEES IN
IOWA CITY, IOWA.
Comment: This proposed ordinance will decrease water service charges by 5%. The
decrease is due to the bid for construction of the new water supply and treatment
facility and distribution system being lower than projected. The effective date for billing
reductions will be on or after July 1, 2004.
(a) PUBLIC HEARING
Action: I~) ~ ~x..~-~
(b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: //~..~z4.~.c)/d~¢' ',,f~ /.~ ¢.. ~-//,¢2
April 20, 2004 City of Iowa City Page 8
ITEM 10. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION
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 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. The estimated
construction cost is $120,000 and will be funded with Wastewater Revenue.
(a) PUBLIC HEARING
Action: ./~,,o ~ ~
~' I J ~ . (b) CONSIDER A RESOLUTION APPROVING
ITEM 11. CONSIDER AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE A,
~'11-~ 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. (SECOND
CONSIDERATION)
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. Staff recommends action to allow passage and publication
by July 11 2004.
Action: ~//~ ~/'- ~'~, )
April 20, 2004 City of Iowa City Page 9
ITEM '12. CONSIDER AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE
drll~ 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.
(SECOND CONSIDERATION)
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. 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.
Action:
ITEM '13. CONSIDER AN ORDINANCE AMENDING TITLE '14, CHAPTER 5, ARTICLE B, OF
· o4 ,--~-I|~ 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. (SECOND CONSIDERATION)
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. Staff
recommends action to allow passage and publication by July 1, 2004.
Action:
April 20, 2004 City of Iowa City Page 10
ITEM 14. CONSIDER AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE D,
, ~,~., ~-I ~O 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. (SECOND CONSIDERATION)
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. Staff
recommends action to allow passage and publication by July 1, 2004.
Action: .~:~__~j _ '~,..~.~., --"-"-"-"-"-"-"-"-~ ./z/
ITEM 15. CONSIDER AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C,
04- -- ~)~.J . 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. (SECOND CONSIDERATION)
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. Staff
recommends action to allow passage and publication by July 1, 2004.
Action:
April 20, 2004 City of Iowa City Page 11
ITEM 16. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED
, ~-,-~-] ;~- "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND
HOUSING," BY ADDING A NEW ARTICLE N ENTITLED "FUEL GAS CODE" AND
ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS 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.
(SECOND CONSIDERATION)
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. Staff
recommends action to allow passage and publication by July 1, 2004.
Action:
ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED
"USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM
PERMITTING 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. (SECOND CONSIDERATION)
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 its
January 20, February 3 and 17, March 2 and 16, and April 6 formal meetings.
Action: ~_~¢~)/~r2.~/~4~..~ ~ ~- ¢/,4/,~
April 20, 2004 City of Iowa City Page 12
ITEM18. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC
o~.-,d~!~ ..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 WRITTEN
AGREEMENT WITH THE CITY. (PASS AND ADOPT)
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.
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. (SECOND
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 properly 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.
Action: /¢t~' ~.~t/z,~'.~:~.t ~ ~ ~.z ~ ~
April 20, 2004 City of Iowa City Page 13
ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
O'~- - Ig, O CLERK TO ATTEST TO AN AGREEMENT WITH IOWA REALTY COMMERCIAL TO
SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK.
This agreement provides for a 90-day agreement for services with Iowa Realty
Commercial to sell or lease lots in the subdivision known as the Aviation Commerce
Park. The agreement provides criteria for leasing and/or selling the parcels. This is a
joint agreement between the Airport Commission, Iowa Realty and the Council. At
their March 11, 2004 meeting, the Commission voted to recommend approval of the
90-day agreement, with the terms being the same as the original Iowa Realty
agreement.
ITEM 21. 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 Adiustment - One vacancy to fill an unexpired term
ending December 31, 2006. (Carl Williams resigned) (2 Males and 0 Females).
b. Airport Zoninq Brd of Adiustment - 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 - Mamh 29, 2006.
(Term expired for Peter Jochimsen) (7 Males and 2 Females currently serve).
e. Human Riqhts 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 22. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
April 20, 2004 City of Iowa City Page 14
ITEM 23. CITY COUNCIL ,NFORMATI~_.~ '~
ITEM 24. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. City Clerk.
~ City Manager.
ITEM 25. ADJOURNMENT.