HomeMy WebLinkAbout1998-07-28 AgendaSubject to change as finalized by the City Clerk.
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For a final official
356-5040.
AGENDA '
CITY COUNCIL MEETING /~/t~o~
July 28, 1998 - 7:00 p.m. ~ ~
Civic Center
ITEM NO. 1.
ITEM NO. 2.
ITEM NO. 3.
CALL TO ORDER.
ROLL CALL. .....~~;..,
MAYOR'S PROCLAMATION
Weber Day August 8, 1998
a. Irving ' ~/ ~E
CONSIDER ADOPTION OF THE CONS DAR NTED OR
AMENDED.
Approval of Official Council Actions of the Special meetings of July 6,
July 7, July 9, July 1 O, and July 17, as published, subject to corrections,
as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Broadband Telecommunications Commission - June 22, 1998
Historic Preservation Commission - June 11, 1998
Iowa City Airport Commission - June 11, 1998
Iowa City Board of Appeals - June 8, 1998
Iowa City Board of Appeals - July 6, 1998
Iowa City Human Rights Commission - May 18, 1998
Iowa City Human Rights Commission - (June meeting held
July 6, 1998)
Iowa City Public Library Board of Trustees - May 28, 1998
Iowa City Public Library Board of Trustees - June 25, 1998
Planning & Zoning Commission - July 2, 1998
Police Citizens Review Board - June 25, 1998
Police Citizens Review Board - July 9, 1998
Police Citizens Review Board Community Forum - July 14, 1998
on
July 28, 1998 City of Iowa City Page 2
(14) Public Art Advisory Committee - July 9, 1998
(15) Riverfront and Natural Areas Commission - May 20, 1998
(16) Riverfront and Natural Areas Commission - June 17, 1998
(17) Rules Committee Report - June 23, 1998
Recommendation to Council: To approve amended Public Art
Advisory Committee By-laws.
(18) Senior Center Commission - June 16, 1998
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Class E Beer Permit for New Pioneer Cooperative dba New Pioneer
Cooperative, 22 S. Van Buren St. (Renewal)
(2) Class E Beer Permit for L&M Mighty Shop, Inc., dba L&M Mighty
Shop, 504 E. Burlington St. (Renewal)
(3) Class C Liquor License for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St. (Renewal)
(4) Outdoor Service Area for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St. (Renewal)
(5) Class E Beer Permit for Hy-Vee, Inc., dba Drug Town, 1221 N.
Dodge St. (Renewal)
(6) Class E Liquor License for Hy-Vee, Inc., dba Drug Town, 1221 N.
Dodge St. (Renewal)
(7) Class C Liquor License for New Walt's, Ltd., dba Memories, 928
Maiden Lane. (Renewal)
(8)
Special Five-Day License for Iowa City Fall Fun Festival, Inc., dba
Iowa City Fall Fun Festival, 2140 Rochester Ave. September 4 - 6
(New) Temporary Outdoor Service Area for Iowa City Fall Fun
Festival, Inc., dba Iowa City Fall Fun Festival, 2140 Rochester Ave.
September 4 - 6 (New)
(9) Class C Liquor License for KJ Enterprises dba Roxies, 2300
Muscatine Ave. (Renewal)
(10)
Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's
Irish Pub, 11 S. Dubuque St. (Renewal) Class C Liquor License for
James J. Tucker dba Tuck's Place, 210 N. Linn St. (Renewal)
(11) Class C Beer Permit for A&J Mini Mart, Inc., dba A&J Mini Mart,
2153 ACT Circle. (Renewal)
(12) Class C Liquor License for George's Buffet, Inc., dba George's
Buffet, 312 E. Market St. (Renewal)
July 28, 1998 City of Iowa City Page 3
(13)
Resolution to issue Dancing Permit to Iowa City Fall Fun Festival,
Inc., dba Iowa City Fall Fun Festival, 2140 Rochester Ave.;
Augustus Natchez, Inc., dba Augies Downtown, 13 S. Linn St.;
New Walt's, Ltd., dba Memories, 928 Maiden Lane
(14)
Resolution to issue Cigarette Permit to One Poor Student, Inc., dba
One-Eyed Jake's, 18-20 S. Clinton St.; Harold Washington dba The
Cellar, 116 S. Linn St
Motions.
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $19,605,695.96 FOR THE PERIOD OF JUNE 1
THROUGH JUNE 30, 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 THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED
AT 632 BROWN STREET, IOWA CITY, IOWA.
(2)
Comment: The owner of the property located at 632 Brown Street
received assistance through the City's Housing Rehabilitation
Program for a total of $31,065. The financing was in the form of
two conditional occupancy loans on October 13, 1995 and
September 20, 1996 and a ten-year depreciating note on September
20, 1996. The loans were paid off on July 13, 1998; thus the lien
can now be released.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A STATEMENT FOR LIFE LIEN FOR THE PROPERTY
LOCATED AT 57 SHOWERS ADDITION, IOWA CITY, IOWA.
(3)
Comment: The owner of the property located at 57 Showers
Addition received a $4,000.00 loan on May 16, 1991 through the
City's Housing Rehabilitation Program. The financing was in the
form of a Life Lien. The owner had to relocate because of the
demolition of her home in June 1998 for construction of the new
storm sewer; thus, the lien can now be released.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
1916 WATERFRONT DRIVE, IOWA CITY, IOWA.
Comment: The agency (Youth Home, Inc.) located at 1916
Waterfront Drive received 920,936.65 in Community Development
Block Grant Funds on May 4, 1994. The financing was in the form
of a four year, two month no-interest loan. The note has been paid
off; thus, the lien can now be released.
July 28, 1998 City of Iowa City Page 4
(4)
(5)
(6)
(7)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A
LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY
LOCATED AT 60 REGAL LANE, IOWA CITY, IOWA.
Comment: The owner of the property located at 60 Regal Lane
received assistance through the City's Housing Rehabilitation
Program for a total of $12,763 on July 18, 1997. The financing
was in the form of a conditional occupancy loan and a ten-year
depreciation loan. The loans were paid off on July 23, 1998; thus
the liens can now be released.
CONSIDER A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE
DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA
EMERGENCY SHELTER GRANTS PROGRAM FUNDING,
AND AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO SAME.
Comment: The Iowa Department of Economic Development has
agreed to provide the City of Iowa City a maximum of 9163,570 in
U.S. Department of Housing and Urban Development funding for the
support of services for the homeless. These funds will be used by
the following local agencies: Domestic Violence Intervention
Program (830,600), Four Oaks a.k.a. Youth Homes (830,400),
Emergency Housing Project (841,100), Table to Table (821,500),
Greater Iowa City Housing Fellowship (85,000), Successful Living
Inc. (811,000) and Hawkeye Area Community Action Program
(817,000). The award also includes 86,970 to reimburse the City
for its expenses in administering this grant. This Emergency Shelter
Grants Program funding represents a 38% increase from the FY98
allocation.
CONSIDER A RESOLUTION TO ADOPT THE BY-LAWS
FOR THE PUBLIC ART ADVISORY COMMITTEE.
Comment At their June 4, 1998 meeting, the Public Art Advisory
Committee recommended by a vote of 6-0 adoption of revised by-
laws. These by-laws have been reviewed by the Rules Committee,
which also recommends adoption.
CONSIDER A RESOLUTION TO ADOPT THE IOWA CITY
PUBLIC ART PROGRAM ACQUISITION PROCEDURES.
Comment: According to the by-laws of the Public Art Advisory
Committee (PAAC), the City Council must approve all procedures of
the Committee. At their July 16, 1998 meeting, the PAAC
recommended approval of procedures for the acquisition of public
art by a vote of 6-0.
July 28, 1998 City of Iowa City Page 5
(8)
(9)
(10)
(11)
CONSIDER A RESOLUTION AUTHORIZING THE FORMATION OF A
COMMITTEE TO DRAFT PROVISIONS TO ASSURE
NEIGHBORHOOD COMPATIBILITY FOR NEW MULTI-
FAMILY BUILDINGS IN ESTABLISHED NEIGHBORHOODS.
Comment: The City Council directed staff and the Planning and
Zoning Commission to review issues and regulations pertaining to
the construction of new apartment buildings in established
neighborhoods. Staff has asked representatives of the Planning
and Zoning Commission, Historic Preservation Commission,
developers, owners of apartment buildings, and neighborhood
residents to sit on an ad hoc committee to address this issue. It is
anticipated that the committee will meet 4 to 6 times during the fall
and will forward proposals to the Planning and Zoning Commission
prior to the end of the year. Persons who have agreed to sit on the
committee are: Larry Svobada, Developer and owner of apartment
buildings; Jeff Clark, Developer and owner of apartment buildings;
Ron Johnson, Owner of Apartment buildings; John Shaw, Architect;
Ned Wood, Longfellow Neighborhood resident; Joni Kinsey,
Northside Neighborhood resident; Benjamin Chait, Planning & Zoning
Commission; Pam Ehrhadt, Planning & Zoning Commission; Betty
Kelly, Historic Preservation Commission; Mike Gunn, Historic
Preservation Commission
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE REMOVAL AND REPLACEMENT OF THE
ROOF AND INSULATION ON THE CIVIC CENTER.
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
$62,399 to 859,445. All work covered by the contract has been
completed, and all invoices have been paid other than a
5% retainage. (This item was deferred from the July 7 Council
meeting .)
CONSIDER A RESOLUTION ACCEPTING THE
WORK FOR THE MORMON TREK BOULEVARD
CONCRETE PAVEMENT REHABILITATION PROJECT
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, WATER MAIN, AND STORM SEWER PUBLIC
IMPROVEMENTS FOR VILLAGE GREEN, PART XV,
AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
July 28, 1998 City of Iowa City Page 6
ge
(12)
(13)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER AND PAVING PUBLIC IMPROVEMENTS FOR
THE RESUBDIVISION OF LOT I AND PORTION OF LOT 2,
WEST SIDE PARK, AND DECLARING THE PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER PUBLIC IMPROVEMENTS FOR BROKEN ARROW
ESTATES.
Comment: See Engineer's Report.
Setting Public Hearings.
( 1 ) CONSIDER A RESOLUTION SETTING PUBLIC HEARING
ON AMENDING THE FY99 OPERATING BUDGET.
Comment: This resolution sets a public hearing for August 25, 1998 to
amend the FY99 budget to carry over budget authority from FY98 to
FY99 for capital improvement projects and other expenses that were
either in process in FY98 and not completed by FY98 year end, or
budgeted in FY98 and delayed until FY99. The City's policy is to amend
the current budget at the beginning of each fiscal year for the
continuation of projects from the prior fiscal year.
Christopher C. Arch: Public Access TV
Robert C. Crane: Public Access TV
Dave Sidwell: Recycling container system availability for apartments
and condominiums
(4) Jeff Conkiln: Hickory Hill Park
(5) G.L. Nelson, MidAmerican Energy: Burlington Street Bridge
(6) David Salisbury: Train interchange
(7) Rod Sullivan: Penn State riots
(8) Tricia Yeggy: Utility deposit requirement (Staff response included)
(9) Osha Gray Davidson: Police Citizen Review Board
(10) John W. Hayek: Riverview Place Partners Zoning Application
(11) David Salisbury: Train Interchange
(12) Civil Service Commission submitting certified lists of applicants for
the following position(s):
(a) Maintenance Worker I - Transit
(b) Maintenance Worker I - Refuse
Correspondence.
(1)
(2)
(3)
July 28, 1998 City of Iowa City Page 7
ITEM NO. 4.
END OF CONSENT CALENDAR.
PUBLIC DISCUSSION (ITEMS'~NO~ AGENDA).
ITEM NO. 5. PLANNING AND ZONING MATTERS.
a=
Consider a motion setting a public hearing for August 25 on an ordinance
changing the zoning designation of approximately 9.27 acres from Low
Density Single-Family Residential (RS-5) to Sensitive Areas
Overlay/Medium Density Residential (OSA-8) to allow a 72-unit residential
development on property located on the south side of Taft Speedway
west of Dubuque Street. (REZ98-0009)
Comment: At its July 16 meeting, by a vote of 1-4 on an affirmative
motion with Shannon voting yes, the Planning and Zoning Commission
recommended denial of the proposed rezoning, consistent with the
recommendation contained in the July 2 staff report. In a letter dated
July 15, 1998, the applicant requested that this application be forwarded
for consideration by the City Council regardless of the recommendation
from the Commission.
Action:
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.
Correspondence requesting expedited action is included in the Council
packet. Due to the Council's summer schedule, first consideration is
requested at the July 28 formal eeting.
(1) Public Hearin~~7~ ~
Action:
(2)
Consider an ordinance (First consideration)
July 28, t 998 City of Iowa City Page 8
Consider 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. (Second consideration)
Comment: On June 4, by a v . lanning 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.
Consider an ordinance changing the zoning designation of approximately
22.20 acres from Public (P) to Public/Intensive Commercial (P/CI-1) for
property located at 1801 S. Riverside Drive. (REZ98-0005) (Second
consideration)
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.
/'
Consider an ordinance vacating the northern 200 feet of the alley
between Lafayette Street and Benton Street, west of Dubuque Street,
Iowa City, Iowa. (VAC98-0002) (Pass and adopt)
Comment: On May 7, by a vote of 5-0, the 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.
Consider a resolution approving a final plat of Green Mountain Meadow, a
6.53 acre, 15-lot residential subdivision located between Green Mountain
Drive and Rochester Avenue. (SUB98-0015)
Comment: At its July 16 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended that the final plat for Green Mountain
Meadow be approved, subject to legal papers and construction drawings
being approved prior to Council consideration, The recommendation is
consistent with the staff recommendation in the staff report dated July
16. The legal papers and construction drawings have been approved.
Action: ~
July 28, 1998 City of Iowa City Page 9
hm
Consider a resolution approving a preliminary and final plat of Donohoe
Fifth Subdivision, a 8.55 acre, two-lot commercial subdivision located in
Johnson County on the south side of Highway 1 at Landon Avenue.
(SUB98-0016)
Comment: At its July 16 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended that the preliminary and final plat for
Donohoe Fifth Subdivision be approved. Staff recommended approval in
a memorandum dated July 16.
Consider a resolution approving an amendment to the 28E agreement
between the City of Coralville and the City of Iowa City regarding future
annexations and extraterritorial review of subdivision plats.
Comment: At its July 16 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended that the 28E agreement be amended
as proposed by staff in the memorandum dated June 24.
Consider a motion to forward a letter to the Johnson County Board of
Supervisors recommending that a request submitted by Gerald Milder to
rezone 20.4 acres of land from Rural (A1) to Suburban Residential (RS-
10) for property located at 4820 American Legion Road be denied.
(CZ9831)
Comment: At its July 16 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended that the Council forward a letter to the
Board recommending that the RS-10 zoning be denied, because it is
inconsistent with the Fringe Area Agreement policies for Fringe Area B.
The recommendation is consistent with the staff memorandum dated July
16.
Action:
July 28, 1998
ITEM NO. 6.
City of Iowa City
Page t0
Consider a resolution approving the Peninsula Neighborhood Plan, a plan
for the development of a traditional neighborhood on City-owned property
located on the upper peninsula of the west end of Foster Road.
Comment: The Peninsula Plan was prepared by Dover, Kohl and Partners,
citizens, developers, builders, City staff, City Board and Commission
members and area property owners. The Peninsula Neighborhood Plan
will serve as a basis for private real estate development on the property.
The City will seek proposals from development teams who wish to
purchase the property and implement the plan. (Staff memorandum
included in Council packet.)
Ao .o :
PUBLIC HEARING ON AN ORDINANCE AMENDING THE CITY CODE OF THE
CITY OF IOWA CITY, IOWA BY ENACTING A NEW SECTION NUMBERED 8-
5-8, ENTITLED "NUISANCE PARTY REGULATIONS," PROVIDING FOR THE
DEFINITION AND REGULATION OF NUISANCE PARTIES, AND PROVIDING A
PENALTY FOR VIOLATIONS OF SAID REGULATIONS.
Comment: The ordinance defines "nuisance parties," places the responsibility
for such parties on the host, and allows the Chief of Police or designee to
order that the party cease and disperse.
Action: ,,J-~ , ~/9/__((~_~
ITEM NO. 7.
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR CONSTRUCTION OF NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM
SEWER, PHASE 1, 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 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. This first phase will include a storm water conduit from
the Iowa River west to North Riverside Drive. Estimated cost of this phase of
the project is 9415,000, of which 990,000 will be funded by the University
of Iowa.
am
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
July 28, 1998
ITEM NO. 8.
ITEM NO. 9.
City of Iowa City
Page 11
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN NNW, INC. OF IOWA
CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING
SERVICES FOR PORTIONS OF PHASE I AND II OF THE NORTH RIVERSIDE
DRIVE/ARTS CAMPUS STORM SEWER PROJECT.
Comment: This contract will be for the design of all phases of this project as
well as preparation of construction plans and construction phase services for
portions of Phases I and II. Other portions of Phases I and II services are
covered by a previous contract. The cost of this contract will not exceed
$96,600 and will be shared with the University of Iowa.
Action: ~G~r/
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR CONSTRUCTION OF THE 1998 PAVEMENT MARKING PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISMENT FOR BIDS, AND
FIXING THE TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project consists of epoxy pavement marking for the center
lines and lane lines of certain Iowa City arterial and collector streets. Total
estimated cost off this project is $113,800. Funding will be provided by
Road Use Tax.
a=
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
July 28, 1998
ITEM NO. 10.
City of Iowa City
Pa~le 12
CONVEYANCE OF VACATED PORTIONS OF SECOND AVENUE COURT
RIGHT-OF-WAY LOCATED NORTH OF MUSCATINE AVENUE AND WEST OF
FIRST AVENUE TO THE PLACE/COMMERCIAL REAL ESTATE, (DAVID K.
DARR, FAMILY LIMITED PARTNERSHIP II), THE REDEVELOPER OF THE
SUBJECT PROPERTY AND ,~,~F~AL ABUTTING PROPERTIES
Comment: On July 28, 1998, the Ci~cil held a public hearing on a
Resolution of Intent to Convey vacated portions of Second Avenue Court
located north of Muscatine Avenue and west of First Avenue for the purpose
of facilitating redevelopment of the adjacent properties. Said adjacent
properties have been acquired by The Place/Commercial Real Estate (under
the legal entity David K. Darr, Family Limited Partnership, II) for said
redevelopment, and the developer has offered the sum of $36,800 for the
6400 square foot parcel (95.75 per square foot), which is consistent with
recent valuations for City public works projects acquisitions. The Developer
has also agreed to certain conditions being placed on the redevelopment of
the subject property to address impacts and externalities directly associated
with said redevelopment. This Resolution authorizes the conveyance of the
above property to the developer upon execution of the necessary developer's
agreement and any necessary easements.
am
PUBLIC HEARING
Action:
._%- J5
ITEM NO. 11.
b. CONSIDER A RESOLUTION AUTHORIZING
--- /
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. (SECOND CONSIDERATION)
Comment: The Iowa State Legislature increased the maximum fines a City
may set for municipal infractions to 9500 for a first offense and 9750 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 28, 1998
ITEM NO. 12.
ITEM NO. 13.
ITEM NO. 14.
City of Iowa City
Page
CONSIDER AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE, BY
ADDING A NEW CHAPTER 4 ENTITLED "CONFINED SPACE RESCUE" TO
PROVIDE FOR THE ESTABLISHMENT OF FEES AND ASSESSING COSTS
WHEN UTILIZING THE FIRE DEPARTMENT'S "CONFINED SPACE RESCUE
TEAM" FOR PERMIT-REQUIRED CONFINED SPACE RESPONSE RESCUE OR
RECOVERY OPERATIONS. (FIRST CONSIDERATION)
Comment: Occupational Safety and Health Administration regulations require
employers in general industry and governmental units to develop procedures
to utilize in-house or outside rescue services for permit-required confined
space response. This amendment would provide for establishing and
assessing fees by City Council resolution for those affected businesses and
governmental units which choose to utilize the Fire Department's "Confined
Space Rescue Team" for permit-required confined space response rescue
and recovery operations.
CONSIDER AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, ENTITLED
"DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC
PROVISIONS," BY AMENDING SECTION 1, ENTITLED "DEFINITIONS," TO
INCLUDE FIRE LANES AND AMENDING TITLE 9, CHAPTER 4 OF THE CITY
CODE, TO ADD A NEW SECTION 13, ENTITLED "FIRE LANES". (FIRST
CONSIDERATION)
Comment: The Fire Department has identified a need to be able to designate
appropriate Fire Lanes to insure proper access to facilities and buildings when
responding to fire alarms and fires. This amendment would providcauthority
to the Fire Department t ' ire Lanes and impose a fine of 925 for
CONSIDER AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE, BY
ADDING A NEW CHAPTER 3, ENTITLED "FALSE FIRE ALARMS," TO
PROVIDE MINIMUM STANDARDS AND REGULATIONS APPLICABLE TO FIRE
ALARMS, ALARM USERS AND OWNERS. (FIRST CONSIDERATION)
Comment: The Fire Department incurs significant costs and personnel time in
responding to false fire alarms caused by careless use of, improper
maintenance of, and equipment malfunctions of fire alarms. This amendment
would provide an incentive to alarm owners and/or users to better maintain
and/or upgrade alarm systems by providing for graduated fee charges for
responding to false alarms, which could be waived if the alarm owner and/or
user upgrades to a more reliable system.
July 28, 1998 City of Iowa City Page 14
ITEM NO. 15.
ITEM NO. 16.
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. (SECOND 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
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR~GN AND THE
CITY CLERK TO ATTEST A LEASE AGREEMENT FOR PUBLIC PROPERTY
WITH HAWKEYE LUMBER COMPANY FOR RENTAL OF THE VACATED
PORTION OF ALLEY RIGHT-OF-WAY BETWEEN LAFAYETTE STREET AND
BENTON STREET IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE AND
SECURITY.
Comment: On July 28, 1998 the City of Iowa City, Iowa passed an
Ordinance vacating the northern 200 feet of the alley right-of-way between
Lafayette Street and Benton Street, west of Dubuque Street. Hawkeye
Lumber owns the surrounding property and has requested that they be
allowed to use and control the subject property for the purposes of storage
and security. Hawkeye Lumber has offered the sum of $200 per year for the
200' x 16' parcel. This Resolution authorizes the execution of a Lease
Agreement for the subject property with Hawkeye Lumber Company. This
resolution should be considered only after the ordinance vacating this parcel
is passed and adopted. (item 5d)
July 28, 1998 City of Iowa City Page 15
ITEM NO. 17.
ITEM NO. 18.
ITEM NO. 19.
CONSIDER A RESOLUTION DECLINING TO CONSIDER AN APPEAL FILED BY
ATTORNEY JOHN T. NOLAN OF THE DECISION OF THE HISTORIC
PRESERVATION COMMISSION APPROVING A CERTIFICATE OF
APPROPRIATENESS FOR 621 SOUTH SUMMIT STREET.
Comment: On July 1, 1998 attorney John T. Nolan representing 14
individuals filed a notice of appeal of the Historic Preservation Commission's
approval of a certificate of appropriateness for 621 S. Summit Street to
allow an addition at the rear of the property. Said individuals were not the
applicant for the certificate of appropriateness or otherwise a party to the
proceeding before the Commission and therefore have no right of appeal to
the City Council. In this resolution the City Council declines to exercise
jurisdiction over the purported appeal.
CONSIDER A RESOLUTION APPROVING THE CALL FOR ARTISTS AND THE
BUDGET FOR THE PUBLIC ART COMPONENT OF THE WATER FEATURE TO
BE INCLUDED IN THE DOWNTOWN STREETSCAPE IMPROVEMENTS ON
THE PEDESTRIAN MALL.
Comment: At their July 16, 1998 meeting, the Public Art Advisory
Committee recommended, by a vote of 6-0, approval of the call for artists
and the budget for the downtown water feature to replace the fountain in the
pedestrian mall (the existing fountain will be relocated).
CONSIDER A RESOLUTION AUTHORIZING FUNDING
CONSTRUCTION OF AN AIRPORT TAXIWAY AND RAMP
PROPERTY TO BE LEASED TO IOWA JET SERVICES INC.
FOR THE
ON AIRPORT
Comment: Iowa Jet Services, Inc. ('IJS") would like to lease property from
the Airport for the purpose of conducting commercial aeronautical services as
a fixed base operator. IJS has agreed to construct a hangar and facility on
property in the north commercial area of the Airport provided the City pays
for the cost of constructing a taxi and ramp to their hangar. IJS has
requested that the City pay for the cost of the taxi and ramp on the basis
that these are costs IJS would not have incurred to the same extent had they
been able to locate near the Airport Terminal Building. The hangar and
facility constructed by IJS will become the property of the Airport at the
expiration of the lease. This resolution is subject to IJS and the Airport
Commission signing a land lease and a fixed base operator's lease. (Staff
memorandum is included in Council packet.)
Action: 9~-~q427 7~'/~-'
July 28, 1998 City of Iowa City Page 16
ITEM NO. 20.
ITEM NO. 21.
ITEM NO. 22.
CONSIDER A RESOLUTION ON UNCLASSIFIED SALARIES AND
COMPENSATION FOR FISCAL YEAR 1999 FOR THE CITY MANAGER, CITY
ATTORNEY, AND CITY CLERK.
Comment: Council held executive sessions to evaluate the City Attorney,
City Manager and City Clerk on July 9 and 10. Based on those sessions this
resolution increases the salary of the City Attorney to ~74,000; the City
Manager to $117,000; and the City Clerk to ~55,000.
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
CABLE TV DIVISION AND AMENDING THE AFSCME PAY PLAN AND THE
ADMINISTRATIVE/CONFIDENTIAL PAY PLAN BY ADDING THE POSITION OF
CLERICAL ASSISTANT - CABLE TV AND RECLASSIFYING THE POSITION
OF PRODUCTION COORDINATOR - BTC TO ADMINISTRATIVE.
Comment: These changes are being made in order to better reflect current
activities and responsibilities in the Cable TV Division and to provide
adequate support and continuity in clerical services to the Cable TV
Administrator. A memorandum from the Assistant City Manager is included
with your agenda materials.
'~NON-EXC%USIV~'FRANCHISE TO MCLEODUSA, TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY
OF IOWA CITY.
Comment: McLeodUSA has requested that the City grant it a franchise to
provide cable television service in Iowa City, and that this issue be placed on
the November 3, 1998 election ballot. In order to accomplish this, Council
must hold a public hearing at a special meeting in August and then expedite
consideration of the ordinance to be passed and adopted at the regular Council
meeting on August 25, 1998. The ordinance and a complete franchise
agreement must be available for public examination prior to the public hearing.
,July 28, 1998
ITEM NO. 23.
ITEM NO. 24.
City of Iowa City
Page 17
ANNOUNCEMENT OF VACANCIES
a. Current vacancies.
(1)
Historic Preservation Commission: One vacancy representing the
Woodlawn District to fill an unexpired term ending March 29,
2000. (Ann Cairns resigned) (3 males and 5 females currently
serve on this commission.)
This appointment will be made at the September 9 Council meeting.
b. Previously-announced vacancies
(1)
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.)
(2) Library Board of Trustees: One vacancy to fill an unexpired
term ending July 1, 2001 (Charles Traw resigned).
(3)
Historic Preservation Commission: One vacancy 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.)
These appointments will be made at the August 25 Council meeting.
CITY COUNCIL INFORMATION.
ITEM NO. 25.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 26. ADJOURNMENT.
City Council Meeting Schedule and
Tentative Work Session Agendas
July 24, 1998
July 27
4:00p
6:15p
6:30p
SPECIAL COUNCIL WORK SESSION
TIMES ARE APPROXIMATE
4:00p Review Zoning Matters
4:30p Review Agenda Items
4:40p Public Art Update
5:00p Landfill Master Plan
5:20p Iowa Jet Service
5:35p Fire Department Ordinances
5:50p McLeod Cable TV Franchise
6:05p Council Agenda/Council Time
SPECIAL FORMAL COUNCIL MEETING
Executive Session (pending or imminent litigation)
Recess for dinner (60 minutes)
Monday
Council Chambers
Council Chambers
7:30p
Joint meeting with Planning & Zoning
(Victor Dover Peninsula Presentation)
Council Chambers
I July 28
7:00p
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
Augu s t
-6:30p
24
COUNCIL WORK SESSION
Monday[
Council Chambers
August
7:00p
25
FORMAL COUNCIL MEETING
Tue 8 day
Council Chambers
FUTURE WORK
Hickory Hill West
Chutes and Vaults
Sales Tax
Circus and Rodeo Permit Regulations
Airport Terminal Renovation
SESSION iTEMS
Landfill Master Plan and Rates
Sanitary Sewer Repair - New Policy Update
Water Project Update
North End Parking
Meeting dates/times subject to change