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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.