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HomeMy WebLinkAbout2004-08-03 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,T~or iow^c,T~ R~eju~m' Formal August 3~ 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. PROCLAMATION. a. Irving B. Weber Day - August 13, 2004 ITEM 3. 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) July 6, Special Council Work Session 2) July 6, Regular Council Formal Official and Complete 3) July 9, Special Council Formal Official and Complete 4) July 14, Special Council Formal Official and Complete 5) July 21, 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) Human Rights Commission: May 25, 2004 2) Public Art Advisory Committee: June 3, 2004 Recommendation: To approve the concept for the Northside Neighborhood art project of decorative aluminum house finials on street signs in the neighborhood. 3)Charter Review Commission: June 17, 2004 4)Airport Commission: June 10, 2004 5)Police Citizens Review Board: May 11, 2004 6)Public Library: June 24, 2004 August 3, 2004 City of Iowa City Page 2 7) Board of Appeals: March 8, 2004 Recommendation: 2003 International Building Code, the 2003 International Residential Code, the 2003 International Fire Code, the 2003 International Mechanical Code, the 2003 International Fuel Gas Code, the 2002 National Electrical Code, and the 2003 Uniform Plumbing Code with the local amendments to each of these codes be adopted by City Council. 8) Planning and Zoning Commission: June 17, 2004 Recommendation: Approval to amend the Comprehensive Plan to change the land use designation from general commercial to residential 25+ dwelling units per acre for approximately 1.34-acres of property located on the east side of S. Gilbert Street south of Ralston Creek. Recommendation: Approval of rezoning from Community Commercial (CC-2) zone to High Density Multifamily Residential (RM-44) zone for approximately 1.34-acres of property located at 520-522 S. Gilbert Street. Recommendation: Approval for rezoning from OPDH-12 to OPDHo8, Planned Development Housing Overlay - Medium Density Single Family Residential, and the preliminary OPDH-8 Plan, be approved. Recommendation: Approval of a preliminary plat of a resubdivision of Lot 77, Walden Wood Part 6. Recommendation: Approval of the vacation of the Jensen Street cul-de- sac bulb right-of-way at the north end of Jensen Street. Recommendation: Approval of a rezoning to amend the preliminary OPDH plan to allow up to 52 congregate housing units on 2.12-acres of property in the Planned Development Housing Overlay/Medium Density Multi-Family (OPDH-20) zone including an increase in height up to 48- feet for property located north of Benton Street and east of George Street subject to correction of the square footages listed on the site plans. Recommendation: Approval to rezone approximately 3.74-acres from Al, Rural, and RS, Suburban Residential, to RS-3, Suburban Residential for property located at 5989 American Legion Road. 9) Senior Center Commission: May 10, 2004 10) Senior Center Commission: June 22, 2004 c. Permit Motions and Resolutions as Recommended by the City Clerk. New: 1) Special Class C Liquor License for Mia Milano Restaurant, Inc., dba Mia Milano Restaurant, Inc., 110 E. College St. 2) Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, Tent A, 2120 Rochester Ave. 3) Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, Tent B, 2120 Rochester Ave. 4) Temporary Outdoor Service Area for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave. TO: Mayor, City Council, General Public FROM: City Clerk DATE: August 2, 2004 RE: Additions/Changes to Consent Calendar August 3, 2004 Class C Liquor License for Spo Co, Inc., dba Sports Column, 12 . Dubuque St. ITEM NO.- 3.c.4.c. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO.- 3.c.4.d. oz~ ~ ~9~ Resolution to issue Cigarette Permit for Cream, LLC, dba Union Bar, 121 E. College St. . ITEM NO.- 3.c.4.e. ~ ~ ~, ~ ~,o z~ Resolution to issue Dancing Permit for Cream, LLC, dba Union Ba _ E. College St. ITEM NO. - 3d (4) Accept correspondence from LaDonna Wicklund ITEM NO. - 3f (3) Airport: Correspondence to be moved and accepted under Agenda Item No. 14. ITEM NO. - 3f (14) Historic District letter from - Dan and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek ITEM NO - 3f (16) Solid Waste Hauling Contract: Kevin Aunan (2nd letter) August 3, 2004 City of Iowa City Page 3 Renewal: 5) Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. 6)Class C Liquor License for Etre LLC, dba Etc., 118 S. Dubuque St. 7) Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St. 8) Class C Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St. 9) Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. 10) Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. 11) Class C Liquor License for Third Base Sports Bar, Inc., dba Third Base Sports Bar, Field House 111 E. College St. 12) Class E Liquor License for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave. 13) Class E Liquor License for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave. 14) Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901 Hollywood Blvd. o z~ _ ~k,o ~ 15) Resolution to issue Dance Permits to I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St., Etre LLC, dba Etc., 118 S. Dubuque St., Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave; Third Base Sports Bar, Inc., dba Third Base Sports Bar, Field House, 111 E. College St. d. Setting Public Hearings. 1) CONSIDER A RESOLUTION OF INTENT TO EXECUTE A O'~ - ~-~[~ CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF THE ENGLERT CIVIC THEATER, AND SETTING A PUBLIC HEARING FOR AUGUST 31, 2004. Comment: The City is selling the Englert theatre on contract to Englert Civic Theatre Inc. for a total price of $700,000. Pursuant to the contract, Englert's final installment payment in the amount of $100,000 is due in January of 2005. As a condition for receipt of $365,000 financial assistance through the Iowa Department of Cultural Affairs, the State is requiring that a 50 - year conservation easement be placed on the property to ensure that it is rehabilitated and maintained in compliance with the Secretar7 of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The State requires that the City execute the easement agreement so that the City will be bound by its terms in the event the sale contract is forfeited and the City becomes the owner of the property again. This resolution declares City Council's intent to easement agreement, and sets public hearing for August 31,2004. August 3, 2004 City of Iowa City Page 4 2) CONSIDER A RESOLUTION OF INTENT TO CONVEY A SINGLE ~ z¥ _ ~ 7 FAMILY HOME LOCATED AT 2608 INDIGO COURT TO A SECTION 8 PROGRAM PARTICIPANT AND SETTING A PUBLIC HEARING FOR AUGUST 31, 2004. Comment: The Iowa City Housing Authority, under its Tenant-to- Ownership Program, proposes to sell 2608 Indigo Court to a disabled Section 8 program tenant. The amount of the sale will be the appraised value of the home, which is $103,000.00. The family has participated in the Section 8 program since 2000 and will purchase the property using their Housing Choice Voucher to assist with mortgage payments to the lender. Due to a Social Security lump sum payment received, the family will be making a down payment of $24,000.00 and has received a written commitment for a mortgage from a local bank in the amount of $79,000.00. No second mortgage will be necessary. This sale will provide the opportunity for a Iow-income family to obtain ownership of their own home. ~/~- -~b ~ 3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 31, 2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY SEWER SEPARATION PROJECT, 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 will separate a combined sanitary and storm sewer system in Oakland Cemetery. The project will consist of installing new sanitary sewer, and making repairs to the existing storm sewer. 4) CONSIDERISETTING A PUBLIC HEARING FOR AUGUST 3'1, 2004 ON A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE IOWA DEPARTMENT OF CULTURAL AFFAIRS DESIGNATING THE IOWA CITY CULTURAL DISTRICT. Comment: The Council will be asked to authorize an application to the Iowa Department of Cultural Affairs for designation of the "iowa City Cultural District" at its August 31st formal meeting. Designation of a cultural district and its certification by the State recognizes approximately one square mile of central Iowa City as a concentration of cultural assets and enables a public-private partnership between the City and the Convention Visitors Bureau to continue to foster cultural activities and establishments in the district and market the district as such. TO: Mayor, City Council, General Public FROM: City Clerk DATE: August 2, 2004 RE: Additions/Changes to Consent Calendar August 3, 2004 ITEM NO.- 3.c.4.b Class C Liquor License for Spo Co, Inc., dba Sports Column, 12 S. Dubuque St. ITEM NO.- 3.c.4.c. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO.- 3.c.4.d. Resolution to issue Cigarette Permit for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO.- 3.c.4.e. Resolution to issue Dancing Permit for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO. - 3d (4) Accept correspondence from LaDonna Wicklund ITEM NO. - 3f (3) Airport: Correspondence to be moved and accepted under Agenda Item No. 14. ITEM NO.- 3f (14) Historic District letter from - Dan and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek ITEM NO - 3f (16) Solid Waste Hauling Contract: Kevin Aunan (2nd letter) August 3, 2004 City of Iowa City Page 5 e. Resolutions. 1) CONSIDER A RESOLUTION ACCEPTING SERVICE OF A THIRTY ~z~ _ ~c~ (30) DAY PERMIT SUSPENSION AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2003) Comment: This Resolution accepts service of a thidy (30) day retail cigarette permit suspension, beginning July 14, 2004, as set out in Iowa Code section 453A.22(2), by Loyal Order of Moose Lodge 1096, 3151 Highway 6 East. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. The civil penalty for the second time the permit holder's employee violates Section 453A.2(1) is either $1500.00 or a thirty (30) day retail cigarette permit suspension, at the option of the permittee. This is the second time within a two year period that an employee of Loyal Order of Moose Lodge #1096 has violated Section 453A.2(1). By turning in its retail cigarette permit on the above date and signing the appropriate waiver, Loyal Order of Moose Lodge 1096 waives its statutory right to have a hearing on whether the civil penalty should be assessed. 2) CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN © ~ - ~ l © APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE INTERCONNECTION OF ARTERIAL STREET TRAFFIC SIGNALS. Comment: This is a resubmittal of the ICAAP application submitted fall of 2003 with adjustment to funding amount for increases in salaries. This application is for funding to interconnect traffic signals in arterial street corridors in Iowa City. The total amount being requested is $215,442, which will be matched with $53,860 in local funds. This project will allow traffic signals to operate more efficiently. ~ '~- - ~ ~ I 3) CONSIDER A RESOLUTION ESTABLISHING FEE FOR CITY PLAZA NEWSPAPER KIOSKS. Comment: The City Code requires the establishment of a fee by resolution of newspaper vending machines in City Plaza. Resolution 01-252 passed by the City Council in July of 2001 set a pilot fee of $25. Staff recommends the fee be maintained. August 3, 2004 City of Iowa City Page 6 ~ ~ ~.lc~, 4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN - AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 42 BLUE STEM COURT, IOWA CITY, IOWA. Comment: The owners of the property located at 42 Blue Stem Court received assistance through the City of Iowa City's Downpayment Assistance Program in amount of $2,787. The loan has been paid off; thus the lien needs to be released. 5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN c> '~ - ~ I ~ 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 110 EAST COLLEGE EEC, AND TENANT MIA MILANO RESTAURANT L.L.C. d/b/a MIA MILANO, FOR A SIDEWALK CAFI~ AT 110 EAST COLLEGE ST., IOWA CITY, IOWA. Comment: Henry W. Louis and Sherry J. Louis, as real estate contract sellers, and 110 East College L.L.C., as real estate contract purchaser, and Mia Milano Restaurant, Inc., d/b/a as Mia Milano, as tenant, seek a license agreement for temporary use of public right-of-way at 110 East College 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. 6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN © ~ - ~ I '~ AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PROPERTY LOCATED AT 505 EAST COLLEGE STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 505 East College Street received assistance through the City of Iowa City's Community Development Block Grant (CDBG) funds in amount of $22,154. The terms have been satisfied; thus the lien needs to be released. © Zir - ~1~ 7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 222'1 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. Comment: The owner of the property located at 2221 Hollywood Boulevard received assistance through the City of Iowa City's Housing Rehabilitation Program in amount of $6,000. The terms have been satisfied; thus the lien needs to be released. August 3, 2004 City of Iowa City Page 7 8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN © z~_ _ ~ Itp AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 2220 California Avenue received assistance through the City of Iowa City's Housing Rehabilitation Program in amount of $1,721. The terms have been satisfied; thus the lien needs to be released. 9) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ~-- ~LI--/ AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 715 FIRST AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 715 First Avenue received assistance through the City of Iowa City's Housing Rehabilitation Program in amount of $10,000. The terms have been satisfied; thus the lien needs to be released. 10) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ~z~__ ~-I~ AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1541 DICKENSON LANE, IOWA CITY, IOWA. Comment: The owners of the property located at 1541 Dickenson Lane received assistance through the City of Iowa City's Downpayment Assistance Program in amount of $2,500. The terms have been satisfied; thus the lien needs to be released. oz~- .~.ic} 11) A RESOLUTION APPROVING THE DESIGN OF THE SIGN FOR "LIBERTY BANK" AT 210 S. DUBUQUE STREET Comment: At a July 19 meeting, the Staff Design Review Committee recommended approval of the exterior sign for "Liberty Bank." August 3, 2004 City of Iowa City Page 8 f. Correspondence. 1) JCCOG Traffic Engineering Planner: Installation of NO PARKING CORNER TO HERE sign on the west side of Whispering Prairie Avenue and NO PARKING HERE TO CORNER sign on the east side of Whispering Prairie Avenue 2)JCCOG Traffic Engineering Planner: Installation of two NO PARKING ~m WBETWEEN SIGNS signs with ARROW signs : Greg Dowries, Terry Edmonds, Dennis Frett, Dave Hahn, ig, Forest M. Holly, Jr., Mary Honeck, Rick Mascari, rlyne & John Neff, Lee Ross, Jeffrey S. Sales, eir, Keith Williams, David Wilson, Ed Wischmeyer, Nell F. V~t, 4) David J. Dowelh Construction of Parking Ramp-Dubuque and Court [Staff response included] 5) Town Builders Collaborative Monthly Intelligence Report 6) Rhys B. Jones: Barrier Gate on Lexington Avenue 7) Adalino Cabral: Agent Orange Veterans 8) Terrence Neuzih Cell Towers 9) John Gross: Adequate Signage at the Ped Mall 10) Kathi Anderson: Off-Leash Recreation Area 11 ) Steven Newelh Transient Shelter (3) 12) Christina M. Canganelli: Redirecting Funds from HACAP to STAR [Staff response included] 13) Alta M. Cook: Traffic Control at Court Street and Scott Boulevard 14) David Rust and Joy Smith: Historic District 15) Visual Preference Survey: Dana E. Christiansen, Tim Weitzel 16) Kevin K. Aunan: Solid Waste Hauling Contract [Staff response included] ~ ~ 17) Colin Gordon: CDBG Funds 18) Michael Crane: Traffic Problems 19) Allan L. Axeen: HOME Grant 20) Kevin Digmann: Converting Metered Parking 21) Ross Trethewey: Construction and Street Closures 22) John Warner: Traffic on Highland Avenue [Staff Response Included] 23~ Garry Klein: Patriot Act END OF CONSENT CALENDAR. ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. TO: Mayor, City Council, General Public FROM: City Clerk DATE: August 2, 2004 RE: Additions/Changes to Consent Calendar August 3, 2004 ITEM NO.- 3.c.4.b Class C Liquor License for Spo Co, Inc., dba Sports Column, 12 S. Dubuque St. ITEM NO.- 3.c.4.c. Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO. - 3.c.4.d. Resolution to issue Cigarette Permit for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO.- 3.c.4.e. Resolution to issue Dancing Permit for Cream, LLC, dba Union Bar, 121 E. College St. ITEM NO. - 3d (4) Accept correspondence from LaDonna3/Yicklu~d ITEM NO. - 3f (3) Airport: Correspondence to be moved and accepted under Agenda Item No. 14. ITEM NO. - 3f (14) Historic District letter from - Dan and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek (16) Solid Waste Hauling Contract: Kevin Aunan (2nd~ August 3, 2004 City of Iowa City Page 9 ITEM 5. PLANNING AND ZONING MATTERS. a) AMENDING THE COMPREHENSIVE PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (25+ DWELLING UNITS PER ACRE) FOR APPROXIMATELY 1.34 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF S. GILBERT STREET SOUTH OF RALSTON CREEK. Comment: At its June 17 meeting, by a vote of 4-2 (Hansen & Freerks voting in the negative, Anciaux absent), the Planning and Zoning Commission recommended approval of amending the Comprehensive Plan. Staff recommended denial in a report dated June 3. Approval of this amendment will allow this property to be rezoned to High-Density Multifamily Residential (RM- 44). 1) PUBLIC HEARING Action: / c) 4- - 2,2.{) 2) CONSIDER A RESOLUTION Action: ,~//-z/;~~/ b) REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY ~ COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. G~LBERT STREET. (REZ04-000~ 2) Comment: At its June 17 meeting, by a vote of 4-2 (Hansen & Freerks voting in the negative, Anciaux absent), the Planning and Zoning Commission recommended approval. Staff recommended denial in a report dated June 3. Approval of this rezoning will allow this property to be redeveloped with high- density multifamily buildings rather than commercial or mixed-use with commercial and apartments as allowed by the current CC-2 zoning. The applicant has requested expedited consideration. Correspondence included in Council packet. 1) PUBLIC HEARING Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~ ~'/ August 3, 2004 City of Iowa City Page 10 C) REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH DENSITY SINGLE FAMILY RESIDENTIAL, OPDH-12, TO PLANNED DEVELOPMENT HOUSING MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL, OPDH-8, FOR LOT 77 OF WALDEN WOOD PART 6, LOCATED AT THE NORTHERN TERMINUS OF JENSEN STREET. ~~;~ (REZ04-00006) Comment: At its June 17 meeting, by a vote of 5-1 (Brboks voting no, Anciaux absent), the Planning and Zoning Commission recommended approval of this rezoning and of the preliminary OPDH plan and preliminary plat. Staff recommended approval in a report dated June 3. Approval will allow for the development of ten zero-lot dwellings on ten lots at the northern end of Jensen Street. The applicant has requested expedited consideration. 1) PUBLIC HEARING Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~ '4//~~ /"~"~ d) VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (VAC04-00002). Comment: At its June 17 meeting, by a vote of 5-1 (Brooks voting no, Anciaux absent), the Planning and Zoning Commission recommended approval of vacating the northern cul-de-sac right-of-way of Jensen Street, subject to the preliminary plat for Lot 77 of Walden Wood Part 6 being approved. Staff recommended approval in a report dated June 3. Approval will allow for new right-of-way for Jensen Street to be established as part of the development plan for Lot 77 of Walden Wood Part 6, a ten-lot subdivision and planned development. 1) PUBLIC HEARING Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ~_./.~'~2"/..¢z 44~ August 3, 2004 City of Iowa City Page 11 e) REZONING AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET. (REZ04-00015) Comment: At its June 17 meeting, by a vote of 6-0 (Anciaux absent), the Planning and Zoning Commission recommended approval of a rezoning to amend the preliminary OPDH plan for Oaknoll. Staff recommended approval in a report dated June 17. Approval of this rezoning will allow up to 52 congregate housing units on 2.12 acres of preperty located north of Benton Street and east of George Street. 1) PUBLIC HEARING Action: 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ,}.,f.j'~./.~.~.2/.~...~,~.../~_.~¢~ REZONING APPROXIMATELY 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLAY/ LOW DENSI~ SINGLE-FAMILY RESIDENTIAL (SAC/RS-5) ZONE FOR PROPER~ LOCATED NORTH OF FOSTER ROAD. (REZ04- 00013) Comment: At its July 15 meeting, by a vote of 6-0 (Chair absent), the Planning and Zoning Commission recommended approval subject to a wetland delineation review by the Army Corp of Engineers. Staff recommended approval in a repo~ dated July 1, subject to correction of deficiencies on the plat. The deficiencies identified in the Staff repo~ have been corrected. Approval will allow for the development of Mackinaw Village Estates, a 75.25 acre subdivision including ~o 16-unit multifamily buildings, 72 townhouse style dwellings and 93 single family lots. 1) PUBLIC HEARING Action: ,~v August 3, 2004 City of Iowa City Page 12 g) REZONING APPROXIMATELY 1.2 ACRES FROM COMMERCIAL OFFICE (CO-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED AT 1901 BROADWAY STREET. (REZ04-00016) Comment: At its July 15 meeting, by a vote of 6-0 (Chait absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated July 1. This rezoning wifl allow this property to be used for additional commercial uses such as retail and personal services. 1) PUBLIC HEARING Action: ~ ~.~.,~ , 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) h) CONSIDER AN ORDINANCE AMENDING THE ZONING CODE, SECTION ©~-- ~-/~,'~ 14-6J-2, TO ALLOW CONSIDERATION OF REDUCTION OF LOCAL PUBLIC STREETS IN A PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONES. (PASS AND ADOPT) Comment: At its May 20 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated May 20. This amendment will allow the City to consider the reduction of public street widths from 28 feet to a minimum width of 26 feet. ©,~ _ ~} i) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF "EAST SIDE GROUND WATER STOOGE RESERVOIR" (SUB04- 00016) Comment: ~t its July 1 ~eetin~, ~y a vote of 4-0-1 (Anciaux a~stained) t~e Plannin9 and zonin~ Commission recommended approval. Staff recommended approval in ~ r~po~ d~ted July 1. This is ~ 4-~cre l-lot subdivision the no~ side of Lowe; West B;anc~ ~oad east of Ta~ Avenue that ~s planned to ~e the future location of a City wate~ storage rese~oir. Action: ~,/;~~/~ ~ . . August 3, 2004 City of Iowa City Page 13 j) CONSIDER A MOTION TO SEND A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REZONING FROM OF APPROXIMATELY 3.74 ACRES FROM Al, RURAL, TO RS, SUBURBAN RESIDENTIAL, FOR PROPERTY LOCATED AT 5989 AMERICAN LEGION ROAD. (CZ04-00001) Comment: At its June 17 meeting by a vote of 6-0 the Planning and Zoning Commission recommend approval of this rezoning. This property is located within the 2-mile fringe area. Staff recommend approval in a memorandum dated June 9. Action: ITEM 6. AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PARTICIPATION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. Comment: Christian Retirement Services, Inc., Oaknoll Retirement Residence, University Heights and Iowa City is requesting assistance in financing a new project. a) PUBLIC HEARING Action: ~'~"". ~"d~ ~,;,;~ .b) CONSIDER A RESOLUTION Action: August 3, 2004 City of Iowa City Page 14 ITEM 7. ASSESSING A $300.00 CIVIL PENALTY AGAINST WHATEVA WE CAN DELIVA, PURSUANT TO IOWA CODE SECTION 453A.22(2) Comment: This hearing is the time designated for the Council to consider whether to adopt a Resolution assessing the $300.00 civil penalty authorized by Iowa Code section 453A.22(2) against Whateva We Can Deliva, 411 Peterson Street, No. 5, Iowa City. Section 453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a retail cigarette permit holder when and if that permit holder's employee violates Iowa Code section 453A.2(1) by selling or providing tobacco to a minor. As a part of the hearing, the Council will be provided with information establishing an employee of permit holder Whateva We Can Deliva violated Iowa Code section 453A.2(1). The permit holder's representative will then have the opportunity to provide the Council with information s/he deems appropriate. The Council will then decide whether to assess the requested civil penalty and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not provide the opportunity for public comment. a) CONDUCT HEARING Action: _.~_~ ~ / b)CONSIDER A RESOLUTION Action: August 3, 2004 City of Iowa City Page 15 ITEM 8. APPROVING AN AMENDMENT TO THE PURCHASE AGREEMENT WITH UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. Comment: In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000. Pursuant to the contract, UAY paid $225,000 of the purchase price in August of 2002 when they received a CDBG award in that amount. The contract calls for UAY to pay the balance of the purchase price in installments of $125,000 on or before July 1, 2004, and $150,000 on or before July 1, 2005. UAY has requested that the contract be amended to allow them to pay the balance of the purchase price in installments of $100,000 on or before December 1, 2004, and $175,000 on or before December 1, 2005. Copies of UAY's written request and the proposed amendment signed by UAY were included in the July 6 Council packet. This resolution approves of said amendment and authorizes disposal of the property in accordance with the contract as amended thereby. a) PUBLIC HEARING Action: - ,~ b) CONSIDER A RESOLUTION ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES ~ '.~ AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO ESTABLISH SCHOOL SPEED ZONES BY WEBER SCHOOL AND GRANT WOOD SCHOOL. (SECOND CONSIDERATION) Comment: This establishes two additional "school speed zones." The speed limit in a school zone is 20 MPH. Although these two areas presently have signs indicating that they are school zones, the city code was inadvertently not amended prior to their posting. Staff requests expedited action so that the ordinance will be final by the time school starts in the fall. Action: August 3, 2004 City of Iowa City Page 16 ITEM 10. CONSIDER AN ORDINANCE AMENDING CERTAIN CHAPTERS OF CITY CODE o/__.~.~ z~} ~.~ TITLES 7, 10, AND 14 TO INCREASE THE MUNICIPAL INFRACTION CIVIL PENALTIES FOR VIOLATING THE ELECTRICAL CODE, PLUMBING CODE, FIRE CODE, AND FUEL GAS CODE AND SNOW REMOVAL REQUIREMENTS IN CITY PLAZA, (SECOND CONSIDERATION) Comment: In 2002, Council passed an ordinance to enhance the civil penalties for certain municipal infractions relating primarily to nuisances and the building code, the housing code, the electrical code, the plumbing code, the mechanical code, the fire code, and the illegal use of the right-of-way, which was consistent with the Neighborhood Housing Relations Task Fome's recommendations. Council recently updated the electrical code, the plumbing code, and the fire code and enacted the first Fuel Gas Code, but the respective ordinances inadvertently omitted the enhanced penalties. Aisc, Ordinance No. 04-4125 inadvertently deleted the enhanced civil penalty for violation of the snow removal requirements in city plaza. The enhanced penalty is $250 for the first violation, $500 for the second, and $750 for the third, and the "regular" civil penalty for violating other code sections (except for environmental infractions and selected animal control provisions) is $100 for the first violation, $250 for the second, and $500 for the third. Staff requests expedited action to enable codification in the next supplement. Action: /~/~,¢~z~,~,-~//~'~-~'¢_4~ ~__~¢'~-,~, ..~'~'/~/ ~~, ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8 ENTITLED, "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBILITY FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS. (FIRST CONSIDERATION) Comment: Currently the City is required by ordinance to dispose of impounded bicycles at public auction. This amendment will provide for an alternative of donating selected bicycles for use by Iow-income/disadvantaged persons served by a non-profit entity. Bicycles would be donated to the non-profit entity rather than directly to individual users. / August 3, 2004 City of Iowa City Page 17 ITEM 12. CONSIDER A RESOLUTION RE-ESTABLISHING A DEER TASK FORCE. ~ ,~1~__~ Comment: The ordinance providing for a Deer Task Force contained a sunset clause effective March 15, 2004. Because it remains the City's policy to periodically consider deer population control measures in the future, it is recommended that the Deer Task Force be re-established. Members of the task force who were serving as of March 14, 2004 are reinstated as part of this amendment. Action: ' ITEM13. CONSIDER A RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS - ~ CORPO~TION'S 2004 UPDATING OF ~TES FOR BASIC CABLE SERVICES. Comment: The City annually reviews basic cable rate information filed with the Federal Communi~tions Commission (FCC) by Mediacom as pa~ of our limited rate regulation authority. We then either approve or challenge the maximum permitted rate ~lculated by Mediacom. In the most recent filings for the year beginning August 1, 2004, the proposed basic se~ice rate and the maximum permiEed rate have been found to be compliant with FCC formulas and with prior agreements be~een Mediacom and the City. It is recommended that this resolution be adopted. Action: ITEM 14. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUN~ AUDITOR TO SUBMIT TO THE VOTERS THE QUESTION OF WHETHER MANAGEMENT AND CONTROL OF THE IOWA CI~ AIRPORT SHOULD REMAIN IN THE AIRPORT COMMISSION. Comment: In a special election in 1944, the voters elected to place management and control of the Iowa City Airpod in the AirpoA Commission. State law provides that the only way to end management and control by the Commission is by submitting the issue to the voters. This resolution would put the issue of continued management and control of the airpoH by the Commission on the ballot on November 2, 2004. The Code of Iowa provides the precise ballot language. If the voters agree to cease management and control by the Commission, the Commission will be abolished as a matter of law sixty (60) days after the election and management and control will reveA to the City Council. Action: August 3, 2004 City of Iowa City Page 18 ITEM 15. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR 'a~ ~' ~:~-"7 TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1. Comment: Bids for this project were opened on Tuesday, July 27th and the following bid was received: Merit Electric, Ltd. Iowa City, IA $33,567 Director's Estimate $35,000 The Parks and Recreation Director recommends award of the contract, including the base bid and alternate "A", to Merit Electric, Ltd. of Iowa City. The Iowa City Community School District will reimburse the City for all costs associated with this project. ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR SIGN AND THE CITY - o~ ~ CLERK TO ATTEST A SIDE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE SOUTH GRAND AVENUE IMPROVEMENTS [STP-U-3715(627)--70-52]. Comment: This resolution authorizes the City to enter into an agreement in conjunction with the existing federal funding agreement between the City of Iowa City and the Iowa Department of Transportation (IDOT) which provides a grant of $320,000 not to exceed 80% of the total allowable reimbursement costs. The side agreement is between the City and the University of Iowa (UI) for certain assurances related to the receipt of the grant from IDOT. The UI has agreed to provide the local match and all portions of the total project cost in excess of the IDOT grant. f / ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY 3~-~ CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52 Comment: This project will reconstruct North Dodge Street from the one way pair at Governor Street north to the 1-80 interchange. The preliminary estimated construction cost is $7,682,600. This addendum to the agreement provides for the following: the City share is estimated at $1,974,498 and the City will be reimbursed $1,069,955 for the design engineering services and STP funds used for construction. The remaining $904,543 is for City utility construction. This remainder is estimated at $904,543. The local share of this project will be funded with Water and Waste Water Revenue Bonds. Action: August 3, 2004 City of Iowa City Page 19 ITEM 18. COUNCIL APPOINTMENTS. a. Airport Z. oninq Brd of Adjustment - One appointment to fill an unexpired ,.) term ending December 31, 2006. (Carl Williams resigned) (2 Males and 0 Females). Action: Airport Zoninq Brd of Adjustment - One appointment to fill an unexpired plus a five-year term ending Dece.mber 31, 2008. (2 Males and 0 Females). Action: c. Historic Prese~ation Commission - One appointment (W~dlawn 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 se~e). Action: d. Human Riqhts Commission - Two appointments to fill unexpired terms ending Janua~ 1, 2005. (Catherine Fribley and Chris Bushman resigned) (4 Males and 3 Females currently seine). (Correspondence included in Council packet) ~ ,~ction: t~~ e. Police Citizens Review Board - O~e appointment to fill a four-year term September 1, 2004 - September 1, 2008. (Term expires for John Stratton) (3 Males and 1 Female currently se~e). Action: I1~ ~0. ~OH~C~I OF V~C~CIfiS, [Staff will not publish additional noticos after a poriod of six publications; but will continuo to adve~iso vacancies with postings and on the Council a~onda. Howovor, no additional publication costs will Do incurred.] New: a. Civil Se~i~ Commission - One vacancy to fill an unexpired term ending April 4, 2005. (James Anderlik resigned) (0 Males and 2 Females currently se~e). See correspondence included in Council packet. b. Housinq and Community Development Commission - One vacancy to fill an unexpired term ending September 1, 2006. (Shellie MackeI-Wiederanders resigned) (5 Males and 3 Females currently se~e). See correspondence included in Council packet. APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 8, 2004. August 3, 2004 City of Iowa City Page 20 Previous: c. Library, Board of Trustees - One vacancy to fill an unexpired term ending July 1, 2005. (Shaner Magalhaes resigned) (4 Males and 4 Females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, SEPTEMBER 8, 2004. ITEM 20. COMMUNITY COMMENT JIF NECESSARY] (ITEMS NOT ON THE AGENDA), ITEM 21. CITY COUNCIL INFORMATION. ITEM 22. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. - a. City Manager. ITEM 23. ADJOURNMENT.