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HomeMy WebLinkAbout1998-07-07 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA ' a ' CITY COUNCIL MEETING July 7, 1998 - 7:00 p.m. Civic Center STEM NO. 2.~DE8 ADOPTION OF THE CONSENT CALENDAS~NTED OR AMENDED. Approval of Official Council Actions of the special meetings of June 15 and June 17, and the regular meeting of June 16, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Broadband Telecommunications Commission - April 1 Recommendation to Council: Accept TCI's proposed cure in lieu of a fine of $250 per day for failing to meet the system upgrade deadline contained in the franchise agreement. (2) Broadband Telecommunications Commission - April 28 (3) Housing and Community Development Commission - May 21 (4) Iowa City Board of Adjustment - June 10 (5) Iowa City Public Library Board of Trustees - May 28 (6) Parks and Recreation Commission - June 10 (7) Planning and Zoning Commission - June 18 (8) Police Citizens Review Board - June 9 (9) Senior Center- May 19 c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Class C Liquor License for Roy L. Chopek American Legion Post #17 dba American Legions Post #17, 3016 Muscatine Avenue. (Renewal) (2) Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St. (Renewal) July 7, 1998 City of Iowa City Page 2 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie #695 dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 West. (Renewal) Class B Liquor License for Larken, Inc., dba Holiday Inn, Iowa City, 210 S. Dubuque St. (Renewal) Outdoor Service Area for Larken, Inc., dba Holiday Inn, Iowa City, 210 S. Dubuque St. (Renewal) Class E Beer Permit for Krause Gentle Corporation dba Kum & Go #422, 513 S. Riverside Dr. (Renewal) Class E Beer Permit for American Drug Stores, Inc., dba Osco Drug Store #2393, 2425 Muscatine Ave. (Renewal) Class E Liquor License for American Drug Stores, Inc., dba Osco Drug Store #2393, 2425 Muscatine Ave. (Renewal) Class E Beer Permit for Hartig Drug Company, Inc., dba Hartig Drug Store #1 O, 701 Mormon Trek Blvd. (Renewal) Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd. (Renewal) Class C Liquor License for The Green Room dba The Green Room, 509 S. Gilbert St. (New) Resolution to issue Dancing Permit to Vito's of Iowa City, Inc. dba Vito's, 118 E. College Street; Larken, Inc., dba Holiday Inn, Iowa City, 210 S. Dubuque St.; and The Green Room, Inc., dba The Green Room, 509 S. Gilbert St. (13) Resolution to issue Cigarette Permits. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $8,785,147.57 FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 1998, 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. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC., D/B/A BLIMPIE AND UNCOMMON GROUNDS (RENEWAL) Comment: Memorandum from Architect/Energy Coordinator Schoenfelder to Design Review Committee included in Council packet. City of Iowa City MEMORANDUM DATE: TO: FROM: REF: July 6, 1998 Mayor, City Council, General Public Marian K. Karr, City Clerk Additions to Consent Calendar 2. c. (14) Consider a motion approving a Special Class C Liquor License for Benjamin Barrientes dba Caf(~ La Perlira, 327 E. Market Street. (New) July 7, 1998 City of Iowa City Page 3 (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN - PENINSULA PROPERTY PROJECT. ~7%~ zzs Comment: See Engineer's Report. (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD TRUNK SEWER PROJECT. Comment: See Engineer's Report. (4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. (5) Comment: In September 1997, a contract was entered into with Maintenance Associates of Marion, Iowa to remove and replace two sections of the Civic Center roof and insulation, one section being above the Fire Station and the other above the Council Chambers. Through change orders, the contract amount was reduced from 862,399 to 859,445. All work covered by the contract has been completed, and all invoices have been paid other than a 5% retainage. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE IN THE FORM OF A TEN-YEAR DEPRECIATION LIEN, A LIFE LIEN, A REHABILITATION AGREEMENT, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 841 7TM AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 841 7th Avenue received assistance three times for a total of 817,833 through the City's Housing Rehabilitation Program. The financing was in the form of a ten-year depreciating note on June 7, 1989, a Life Lien on June 2, 1993, and a five-year no interest Promissory Note on July 17, 1995. The property owner passed away on November 11, 1997. The current lien amount of 89,616.28 has been refinanced in the form of a Conditional Occupancy Loan to a relative of the former owner; thus the lien can now be released. ct~- ZZ5 (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 304 DOUGLASS COURT, IOWA CITY, IOWA. Comment: The owners of the property located at 304 Douglass Court received a 81,527 loan on January 4, 1996, through the City's Emergency Rehabilitation Program. The financing was in the form of a Mortgage with a one time five percent interest charge. The loan was paid off on June 30, 1998; thus, the lien can now be released. July 7, 1998 City of Iowa City Page 4 Setting Public Hearings. (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 28 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF PHASE I OF THE NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER 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 is the first phase of a multi phase project which addresses flooding problems along North Riverside Drive and the Arts Campus. This project will also provide a new outlet to the river for the River Street Storm Sewer. The City and University will share cost of the work. This first phase will include a storm water conduit from the Iowa River west to North Riverside Drive. Estimated cost of this project is 9415,000, of which ~90,000 will be funded by The University of Iowa. The total estimated cost for all phases of this project are ~776,000 for the City and ~753,000 for the University. g. Correspondence. (1) Alex Rosenfeld: Gunnerz (2) Christina Randall: PATV Guidelines Workshop (3) David Arbogast: PATV (4) Jim and Pat Knebel: Teg Drive speed humps (5) Barbara Buss: Benton Street (6) Joe and Dorothy Lynn: Benton Street (7) Ginny Rew: Benton Street (8) Judy Pfohl: Mormon Trek (9) Sonia Ettinger: miscellaneous (1 O) JCCOG Traffic Engineering Planner: (a) Designation of Pedestrian Crossing on Broadway Street South of Cross Park Avenue (11) Civil Service Commission submitting certified lists of applicants for the following position(s): (a) Fire Lieutenant (b) Maintenance Worker I - Water Customer Service (c) Maintenance Worker I - Airport (d) Maintenance Worker II - Refuse (12) John Schmidt: PATV [previously distributed] (13) Henry Royer (McLeodUSA): franchise [previously distributed] July 7, 1998 City of Iowa City Page 5 ITEM NO. 3. (14) Letter from 25 individuals regarding Certificate of Appropriateness for 621 South Summit Street 7 END OF CONSENT CALENDAR. ITEM NO. 4. PLANNING AND ZONING MATTERS. Consider a motion setting a public hearing for July 28 on an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article V, entitled "Minor Modification Procedures," to allow the height of free- standing signs to be increased under certain circumstances. Comment: At its June 18 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a memorandum dated June 12. Public hearing on an ordinance amending Title 14, Chapter 6, Zoning, Article K, Environmental Regulations, Section 1, Sensitive Areas Ordinance, to add a retention requirement for woodlands in Factory-Built Housing Residential (RFBH) zones. Comment: On June 4, by a vote of 7-0, the Planning and Zoning Commission recommended approval of a Zoning Chapter amendment to require a 50% woodland retention for the RFBH zone. Staff recommended approval in a memorandum dated May 29. Action: ~ ¢~4ZZ_/~ Public hearing on an ordinance changing the zoning designation of approximately 22.2 acres from Public (P) to Public/Intensive Commercial (P/CI-1) for property located at 1801 S. Riverside Drive. (REZ98-0005) Comment: At its June 4 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed zoning change. Staff recommended approval in a report dated June 4. Action: 7/~ ~ ~ July 7, 1998 City of Iowa City Page 6 de An ordinance changing the zoning designation for 6.53 acres from Low Density Single-Family Residential (RS-5) zone to Sensitive Areas Overlay (OSA-5) zone for property located at 2727 Rochester Avenue. (REZ98-O006) ,Z~'?~ Comment: At its June 4 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated May 7. Correspondence requesting expedited consideration of this item was included in Council packet of June 16. Due to Council's summer schedule, first consideration of the ordinance is requested at the July 7 formal meeting. (1) (2) Public Hearing Action: Consider an Ordinance (First consideration) An ordinance amending Title 14, Chapter 6, Zoning, Article A, Zoning Title, Purpose and Scope, Section 4, Scope, to allow more than one principal building on a lot for religious institution uses permitted by special exception in RS zones and the RNC-12 zone.0,/~eplar~nnn Comment: On June 4, by a vote of 7- ing and Zoning Commission recommended approval of a Zoning Chapter amendment to permit more than one principal use or building on a lot through Board of Adjustment approval of a special exception to establish or expand a religious institution use. Staff recommended approval in a memorandum dated May 29. Correspondence requesting expedited consideration of this item included in Council packet. Due to Council's summer schedule, first consideration of the ordinance is requested at the July 7 formal meeting. (1) (2) Public Hearing Action' July 7, 1998 City of Iowa City Page 7 zzq fe An ordinance vacating Second Avenue Court, located between First Avenue and Second Avenue, north of Muscatine Avenue. (VAC98-0003) Commission recommended approval of vacating Second Avenue Court subject to conditions pertaining to the site plan for the development of the property. In a report dated May 21, staff recommended approval of the proposed street vacation, subject to conditions. Correspondence requesting expedited consideration included in Council packet. (1) Public Hearing (continued from June 16) Action: '~ ~ ~ (2) Consider an Ordinance (First consideration) Consider a resolution of intent to convey vacated potions of Secon Avenue Cou~ right-of-way located north of Muscatine Avenue and west of First Avenue to The Place/Commercial Real Estate, the redeveloper of the subject prope~y and owner of all abutting prope~ies, and setting a public hearing on said conveyance for July 28. , Comment: On July 7, the City Council h~~lic hearing on an ordinance vacating potions of Second Avenue Cou~ located north of Muscatine Avenue and west of First Avenue for the purpose of facilitating redevelopment of the adjacent prope~ies. Said adjacent prope~ies are currently being acquired by The Place/Commercial Real Estate for said redevelopment, and the developer has offered the sum of 836,800 for the 6400 square foot parcel (~5.75 per square foot), which is consistent with recent valuations for City public works projects acquisitions. This Resolution declares the City Council's intent to convey the above prope~y to the developer, The Place/Commercial Real Estate, and sets a public hearing on the proposed conveyance for July 28. Action: ,July 7, 1998 City of Iowa City Page 8 h. Consider an ordinance vacating the northern 200 feet of the alley between Lafayette Street and Benton Street, west of Dubuque Street, Comment: Qn May 7, by a vote of 5~he Planning and Zoning Commission recommended approval of vacating the alley, subject to Hawkeye Lumber Company entering into a lease agreement with the City of Iowa City to lease the right-of-way, and subject to all necessary utility easements being retained. Staff recommended approval in its May 7 staff report. i. Consider an ordinance changing the zoning designation of approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I-1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1806, 1810, 1814, and 1816 Lower Muscatine Road. (REZ98-0003) (Pass and adopt) Comment: At its April 16 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed rezoning. This is a City-initiated application. Staff recommended approval in its April 16 staff report. Action: Consider a motion to forward a letter to the Johnson County Board of Supervisors recommending that a request to rezone 2.0 acres of property from Highway Commercial (CH) to Planned Commercial (CP2) for property located in Johnson County on the south side of Highway 1 at Landon Avenue, be approved. (CZ98-0029) Comment: At its June 18 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended that the Council forward a letter to the Board recommending that the requested CP2 rezoning be approved. This recommendation is consistent with the staff recommendation in a staff memorandum dated June 8. Action: 7~ / ~ 'Z:~~ July 7, 1998 ITEM NO. 5. ITEM NO. 6. City of Iowa City Page 9 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLECTOR WELLS - LOWER TERMINUS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This project includes construction of the lower terminus (below ground level) of the four horizontal collector wells (shallow sand and gravel wells) adjacent to the Iowa River. Two wells are located on the Lower Peninsula site and two wells are located on the water plant site. When completed the collector wells will have a total capacity of approximately 7.4 million gallons per day and will be the City's primary raw water source, Public Works recommends approval of this resolution. The estimated cost is 91,800,000 and will be funded by Bond proceeds repaid by water revenues. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION APPROVING Action: CONSIDER AN ORDINANCE AMENDING TITLE 1, CHAPTER 4, SECTION 2, ENTITLED "CIVIL PENALTIES FOR MUNCIPAL INFRACTIONS," OF THE CITY CODE TO PROVIDE INCREASED FINES FOR MUNICIPAL INFRACTION VIOLATIONS. (FIRST CONSIDERATION) Comment: The Iowa State Legislature increased the maximum fines a City may set for municipal infractions to 9500 for a first offense and $750 for subsequent offenses. The City currently assesses a fine of 975 for a first offense, 9150 for a second offense, and 9250 for a third offense. This amendment would increase the fines the City assesses to 9100 for a first offense, 9250 for a second offense, and 9500 for a third offense. The intent of the increase is to further deter violations of City ordinances, Action: July 7, 1998 City of Iowa City Page 10 ITEM NO. 7. CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ARTICLE B, ENTITLED "PROJECT SPECIFIC TAP-ON FEES," TO CLARIFY THE PLAT PROCEDURES REQUIRED FOR THE ADOPTION OF A PROJECT-SPECIFIC TAP-ON FEE AND CHAPTER 4, ARTICLE F, "SCHEDULE OF FEES" TO CORRECT A SCRIVENER'S ERROR IN THE NORTHWEST SANITARY SEWER PROJECT. (FIRST CONSIDERATION) Comment: The City Code currently contains enabling legislation which outlines the specific procedures required for the adoption of a project-specific tap-on fee. The proposed ordinance clarifies the plat be recorded with the Johnson County Recorder and filed with the City Engineer rather than attached to the ordinance and published. Also, this ordinance corrects a scrivener's error in the "Schedule of Fees" for the Northwest Sanitary Sewer Project. Action: / ITEM NO. 8. ITEM NO. 9. CONSIDER AN ORDINANCE AMENDING THE CITY CODE TITLE 5, CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" BY DELETING THE REQUIREMENTS FOR A DRIVING RECORD. (SECOND CONSIDERATION) Comment: Taxicab Company owners and taxicab drivers must present an IDOT driving record along with their application before obtaining a decal or driving badge. At the current time, the Police Chief runs an internal report with similar information as the driving record before approving or denying the application. This is a duplication of information and an additional cost for the applicant. The Police Chief and City Clerk's office recommends deleting the driving record requirement from the City Code. Staff requests expedited consideration of this item. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE 1 IMPROVEMENTS. Com : The bid opening for this project was held July 2, 1998 at 10:30 a.m. ' Engineer's Estimate ~655,000 Public Works will recommend awar the project prior to Council's Formal · . ....... n Bonds. ITEM NO. 9 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE 1 IMPROVEMENTS COMMENT: The bid opening for this project was held July 2, 1998, at 10:30 a.m. The following bids were received: Project with Project with Concrete Limestone Planters Planters All American Concrete Inc. Wendler Engineering & Const. Iowa Bridge & Culvert Streb Construction West Liberty, IA South Amana, IA Washington, IA Iowa City, IA $568,532.50 $672,342.00 $674,658.25 $826,646.25 $599,524.30 $752,712.00 $736,698.25 $847,796.25 Engineer's Estimate $665,310.75 $606,090.75 Public Works and Engineering recommend award of the project with limestone planters to All- American Concrete, Inc. of West Liberty, Iowa in the amount of $599,524.30. The project will be financed with General Obligation Bonds. July 7, 1998 ITEM NO. 10. ITEM NO. 11. ITEM NO. 12. ITEM NO. 13. City of Iowa City Page CONSIDER A RESOLUTION AUTHORIZING PERMANENT EASEMENTS FOR THE FUTURE WILLOW CREEK TRAIL PROJECT ALONG THE CREEK INTERCEPTOR SEWER. THE ACQUISITION OF CONSTRUCTION OF THE ROUTE OF THE WILLOW Comment: This resolution authorizes City staff to negotiate easement agreements for the future construction of the Willow Creek Pedestrian Trail extending from the Iowa River to Willow Creek Park. Easements are currently being acquired for the Willow Creek Interceptor Sewer Project, thus providing an opportunity to expand the sewer easement use to include use for the Willow Creek Pedestrian Trail. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding with condemnation, staff will notify Council. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. Comment: Depending on discussion during Executive Session scheduled for the Special Council Meeting of July 6, 1998, the City Council may approve a resolution ratifying settlement of pending litigation per a settlement agreement, contingent upon execution of appropriate releases and dismissals. Actio,: ANNOUNCEMENT OF VACANCIES. Housing and Community Development Commission: Three vacancies to fill three-year terms expiring September 1, 2001. (Daniel Cilek resigned [correspondence included in Council packet]; terms expire for Daniel Coleman and Gretchen Schmuch). (2 males and 4 females currently serve on this Commission.) These appointments will be made at the August 25 Council meeting. ~' b'~r~-~1 'B~Gr&oF l'f~'i'~. Iv~xco. ~cor' vtlP~/..~r/._~. 'f~_.rf'tt ~:tl~l,,~.17/1/01o CITY COUNCIL APPOINTMENTS. Consider one appointment to the Historic Preservation Commission representing the Brown Street District to fill an unexpired term ending March 29, 1999. (John Shaw resigned.) (3 males and 6 females currently serve on this Commission.) Action: ITEM NO. 14. CITY COUNCIL INFORMATION. ,July 7, 1998 City of Iowa City Page 12 ITEM NO. 15. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ITEM NO. 16. ADJOURNMENT. ~ Citl/of lJuly 6 6:30p 7:00p City Council Meeting Schedule and Tentative Work Session Agendas SPECIAL FORMAL COUNCIL MEETING Executive Session Pending Litigation and Land Acquisition SPECIAL COUNCIL WORK SESSION TIMES ARE APPROXIMATE 7:00p 7:30p 7:40p 7:55p 8:15p 8:25p 8:40p 8:55p 9:05p 9:20p 9:30p Review Zoning Matters Review Agenda Items Entranceway Overlay Zone Public Notification for Planning and Zoning Items Airport Terminal Renovation South Sycamore Regional Stormwater Facility ' River Street/Arts Campus Storm Sewer Project McLeod Cable Franchise Party Ordinance Consider Appointment: Historic Preservation Commission (1) Council Agenda/Council Time July 1, 1998 Monday I Council Chambers July 7 7:00p ~July 8 4:00p - 6:00p July 9 8:00a - 11:00a July 10 9:008 - 11 :OOa SPECIAL FORMAL COUNCIL MEETING SPECIAL COUNCIL WORK SESSION Joint Meeting: Johnson County/Coralville/School Board Separate Agenda Posted SPECIAL FORMAL COUNCIL MEETING Separate Agenda Posted Executive Session/Evaluations SPECIAL FORMAL COUNCIL MEETING Executive Session Evaluations (if necessary) Tuesday Council Chambers WednesdayI ThursdayI Council Chambers FridayI Council Chambers FUTURE W'ORK SESSION ITEMS Hickory Hill West Chutes and Vaults Sales Tax Circus and Rodeo Permit Regulations Landfill Master Plan and Rates Sanitary Sewer Repair - New Policy Update Water Project Update North End Parking Meeting dates/times subject to change