Loading...
HomeMy WebLinkAbout2005-04-05 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 CiTY OF IOWA CITY ~ Regular 'Formal ~~ April 5~ 2005 - 7:00 p.m. ~ City Hall - Harvat Hall ~ 4;I. 0 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ROLL CALL. ~,,! ?~,/~ ITEM 2. PROCLAMATION. a) Public Access Television Week - April 10-16, 2005 : b) Project GREEN Volunteer Month - April 2005 c) Because We' Care Day - April 6, 2005 '--./. ~~-~ d) National Crime Victims' Rights Week - April 10-16, 2005 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARD - GRANT WOOD ELEMENTARY a) India Hawkins b) Leslie Fink c) Tierra Springer ITEM4. 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. March 21, Special Council Work Session 2. March 22, Special Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Planning and Zoning Commission: March 3, 2005 2. Public Library Board of Trustees: January 27, 2005 3. Airport Commission: March 10, 2005 4. Civil Service Commission: March 22, 2005 April 5, 2005 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd. 2. Class C Liquor License for Iowa City Eastside Caf6, Inc., dba Bob's Your Uncle, 2208 N. Dodge St. 3. Outdoor Service Area for Iowa City Eastside Caf6, Inc., dba Bob's Your Uncle, 2208 N. Dodge St. 4. Class C Liquor License for SB, Inc., dba Sky Box Eatery, 124 1/2 E. Washington St. Renewal: 5. Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. 6. Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave. 7. Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A. dba B.P.O. Elks #590, 637 Foster Rd. 8. Special Class C Liquor License for Fresh Mex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr. 9. Class B Beer Permit for M&T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. 10. Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 $. Dubuque St. 11; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. 12. Permanent License Transfer for Hawk-Eye Pizza, LLC, dba Pizza Hut #4358, 1920 Keokuk St. o~--'/,~ 13. Resolution to issue Dance Permit to First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave. d) Setting a Public Hearing. 0~/,3(o 1. CONSIDER A RESOLUTION SETrlNG A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS 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 replace water main along Davenport Street between Dubuque Street and Linn Street. April 5, 2005 City of Iowa City Page 3 . C>,~--/~-'7 2. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS 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 consists of implementing the modified one-way loop system in the Grand Avenue corridor, as well as improvements to the intersection of Grand Avenue with Byington Road and Riverside Drive. A new right turn lane will be established at the intersection of Grand Avenue and Riverside Drive, and a barrier gate will be placed at the west end of Grand Avenue in order to limit eastbound traffic to bus and service vehicles only. This project is in collaboration with the University of Iowa, and is funded by a 50/50 split between the City of Iowa City and the University of Iowa. O~-./,~-~" 3. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 19, 2005 AMENDING THE FY2005 OPERATING BUDGET. Comment: This resolution sets a public hearing for April 19, 2005 to amend the FY2005 budget. Information will be available to the public April 8, 2005. e) Resolutions. o c~" /<~. 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON MUTUAL, PITTSBURGH, PENNSYLVANIA FOR PROPERTY LOCATED 631 5TM AVENUE, IOWA CITY, IOWA. Comment: Washington Mutual, Pittsburgh, Pennsylvania has requested that the Cit~y approve a Subordination Agreement for 631 5"~ Avenue. On May 10"' 1989, the owner of the property received a loan from the City of Iowa City's Housing Rehabilitation Program. The property has enough equity to cover the City's lien position. April 5, 2005 City of Iowa City Page 4 0.~'/-.g~) 2. 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 1927 GRANTWOOD STREET, IOWA CITY, IOWA. Comment: On March 1, 2004, the owner of 1927 Grantwood Street executed a Second Mortgage in the amount of $24,400 to secure a loan from the City for said amount as part of the Tenant to Ownership Program. The owner of 1927 Grantwood Street also executed a Resale Agreement with the City on March 1, 2004, for the property at 1927 Grantwood Street. The owner sold the home to another income-eligible buyer. The loan was fully paid on March 31, 2005, and the owner has met all the obligations contained in the Resale Agreement. It is now the City's responsibility to release these liens. 0 ~- /~[ 3. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. Comment: On March 31, 2005, the Iowa City Housing Authority, through its Affordable Dream Home Program, provided a income-eligible family a $31,500 loan, which is secured by a second mortgage, to assist them in the purchase of the single-family home located at 1927 Grantwood Street. In the event that the family sells the home within fifteen years, the Resale and Occupancy Agreement requires that the owners sell the property to an income-eligible family and that the City receive a percentage of the appreciated value of the property. o.~-' I..,A,,n- 4. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO CONCUR WITH A MEMORANDUM OF AGREEMENT BETWEEN THE FAA AND THE IOWA STATE HISTORIC PRESERVATION OFFICER REGARDING THE RUNWAY 7~25 EXTENSION PROJECT AND THE OLD UNITED HANGAR. Comment: As part of the Runway 7/25 Extension Project, the Old United Hangar will be demolished. Because it is eligible for inclusion in the National Register of HistoriC Places, the FAA and the Iowa State Historic Preservation Officer have entered into a Memorandum of Agreement to document the hangar, and they have asked that the City and the Commission concur. The Commission will be reimbursed for the costs of doing so as part of the runway extension grant. April 5, 2005 City of Iowa City Page 5 O.~- [~ 5. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 2116 WESTERN ROAD, IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for 2116 Western Road. On June 11, 2001, the owner of the property received a loan from the City of Iowa City's Downpayment Assistance Program and on July 18, 2001, assistance for lead paint removal. The property has enough equity to cover the City's second and third lien positions. /~/' 6. 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 1500 SYCAMORE STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 1500 Sycamore Street received assistance through the City of Iowa City's Community Development Block Grant Funds. The owners have terminated the project and the funds spent have been repaid; thus the lien needs to be released. f) Correspondence. 1. JCCOG Traffic Engineering Planner: Removal of NO PARKING 8AM - 5 PM MON-FRI signs on the south side of Oakcrest Street between Sunset Street and George Street 2. Bob Jeff: Oakcrest Street Parking [See item 4f(1)] 3. Michael Briggs: Mature Trees 4. Teresa Welsh: Support the Dog Park 5. Gary Wolf: Student Liaison Resolution 6. Cay Wieland: Concentrations of Poverty in Certain Areas of Town 7. Barney Sherman: Dangerous Intersection [Staff response included] 8. David E. Brasher: Relocation of Transient Housing Center 9. Water Tower: Kyle Collins, Brian Courtois, Paul Forbes(X2) 10. Patricia Roe: Outdoor Burning ~-~ 11. David Wellendorf: Table to Table Picnic 12. Gina Clemmer: Analyzing Iowa Communities: Demographic Analysis Workshop 13. Toby Burke: Security and Prosperity Partnership of North America 14. Toby Burke: White House Update 15. Jeff Shields: Catalyst Acting Company TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition/Revision to April 5, 2005 Agenda Consent Calendar: ITEM 4f(10) (Revised) Patricia Roe: Outdoor Burning [Staff Response included] (16) (Addition) Tara Woods: Statewide Candlelight Vigil April 5, 2005 City of Iowa City Page 6 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ITEM 6. PLANNING AND ZONING MATTERS. a) APPROVING THE ANNEXATION OF APPROXIMATELY 62.03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (ANN04-00001) Comment: At their February 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated December 16, 2004, and in subsequent memoranda dated February 11 and February 17. The territory proposed for annexation is undeveloped, vacant property proposed for commercial development. The applicant has requested a deferral of this item to the April 5 City Council meeting. 1. PUBLIC HEARING (CONTINUED FROM 3/22) 2. CONSIDER A RESOLUTION (DEFERRED FROM 3/22) '~-~'"~"'" Action: L/~..-~~ / ~ '~ ~..~ April 5, 2005 City of Iowa City Page 7 b) CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A1 TO CC-2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), C1-1, INTENSIVE COMMERCIAL (APPROXIMATELY 20.22 ACRES), CO-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES) AND RR-1, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218 AND EAST OF KITTY LEE ROAD (REZ04-00030) Comment: At their February 17 meeting, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval subject to conditions related to infrastructure improvements, funding, landscaping, fencing and sanitary sewer provision. Staff recommended approval in a report dated December 16, 2004, and in subsequent memoranda dated February 11 and February 17. The rezoning will allow for development of MWD Davis Addition, a commercial development proposed for this property. The applicant requested that the Planning and Zoning Commission reconsider the recommended conditions for the rezoning. The Commission's revised recommendation was distributed to Council on March 22 (copy included in Council packet). 1. PUBLIC HEARING (CONTINUED FROM 3122) Action: 2. CONSIDER AN ORDINANCES'FIRST CONSIDERATION) (DEFERRED FROM 3/22/) Action: /..,/~ O~---~t ~B c.) CONSIDER AN ORDINANCE VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD (VAC05-0000J) (PASS AND ADOPT) Comment: At their February 17, 2005, by a vote of 6-0 (Shannon absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated February .17. The pavement in this segment of Dane Road was removed as part of the Mormon Trek Boulevard project. Applicant has requested expedited consideration. Action: April 5, 2005 City 0f Iowa City Page 8 ITEM 7. DECIDING THE APPEAL TO CITY COUNCIL OF THE DECISION OF THE HISTORIC PRESERVATION COMMISSION REGARDING THE CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF AN AUTOMATIC TELLER MACHINE IN THE FA(~ADE OF 13 S. LINN STREET. Comment: In deciding the appeal, the City Council must consider whether the Historic Preservation Commission has exercised its powers and followed the guidelines established by law and City Code, and whether the Commission's action was patently arbitrary or capricious. After applying this standard of review, the City Council may, in conformity with the provisions of 14-4-C of the City Code (Historic Preservation Regulations) reverse or affirm, wholly or partly, or may modify the decision of the Commission regarding the Certificate of Appropriateness and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Historic Preservation Commission. See memoranda from staff in packet. a) PUBLIC HEARING Action: ~ ~ IIEM 8. DECLARING THE CI'I'Y'S INTENT TO PROCEED WITH AND AUTHORIZIN ACOUISITION OF PROPERTY RIGHTS FOR THE L~NDFILL CONSTRUCTION PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Landfill Construction Prelect. This public hearing provides interested parties the opportunity to present their views on the project and the proposed acquisition of property rights. The project includes construction o[ landfill coils to the west of the current landfill site. a) PUBLIC HEARINO Action: - ! '~ ,b) · CONSIDER A RESOLUTION April 5, 2005 City of Iowa City Page 9 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 B, ENTITLED "EXCEPTIONS" TO MODIFY THE SPEED LIMIT ON A PORTION OF HIGHWAY I IN THE VICINITY OF SUNSET STREET AND MILLER AVENUE. (FIRST CONSIDERATION) Comment: The Iowa Department of Transportation has changed the speed limit on Highway I in Iowa City from 200 feet southwest of Sunset Street to 1,900 feet west of Miller Avenue from 50 mph to 45 mph. This ordinance amends the city code to accurately reflect the speed limit as determined by the Iowa Department of Transportation. Action: ~/~/~../ //..<~ ~, ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, ENTITLED ,'SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. (SECOND CONSIDERATION) Comment: This proposed ordinance would increase residential solid waste collection fees by approximately three percent (3%). Currently the fee is $12.10 per month; the increase will change the fee to $12.50. This action is necessary due to annual increases in operational costs. The last fee increase was in May of 2002. Action: O'~/~--g<' ~ ~_~ /.////2 f ' / v i z~.~.. 7/0 / April 5, 2005 City of Iowa City Page 10 ITEM 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE ]=-,/o MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT. Comment: Bids for this project were opened by the Iowa Department of Transportation on Tuesday, March 15th and the following bids were received: McCulley Culvert, Inc. Barnes City, IA $ 396,505.20 Iowa Culvert Builders, Inc. Sigourney, IA $ 411,982.40 Taylor Const.ruction, Inc. New Vienna, IA $ 414,490.25 Iowa Bridge & Culvert, L.C. Washington, IA $ 444,779.86 Gus Construction Co., Inc. Casey, IA $ 492,022.45 Engineer's Estimate $ 530,000.00 Public Works and Engineering recommend award of the contract to McCulley Culvert, Inc. of Barnes City, Iowa. The project will be funded by General Obligation bond proceeds and Federal Surface Transportation Program (STP) funds. Action: /~,,;././Z~z,c-~ / ~'~'r~~- / - - - 7/o / ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY /$'~ INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT. Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Highway 6 Improvements Project. This project will widen Highway 6 from Lakeside Drive to 420t~ Street to a three-lane roadway. Action: /~/',¢~,v~¢2~,~¢" /(¢2' x~ ITEM 13. COUNCIL APPOINTMENTS. ~('~ ~i Airport Zoninq Brd of Adjustment - One appointment to fill an unexpired term . ending December 31, 2006. (Carl Williams resigned) (3 Males and 0 Females currently serve).. April 5, 2005 City of Iowa City Page 11 b. Planninq & Zoning Commission - Two appointments to fill 5-year terms May 1, 2005 - May 1, 2010. (Term expires for Jerry Hansen, Robert Brooks) (2 Males and 2 Females currently serve). Action: .,f_,~.~ ~d zO~4.~ ///~2~ ~v~'~'/' ~'~' -7/ .... / / c. Telecommunications Commission - One appointment to fill a 3-year term March 13, 2005- March 13, 2008. (Term expires for Terry Smith) (3 males and 1 female). ITEM 14. ANN T OF VACANCIES. [Staff will not publish additional noticas after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] New: a) Library, Board of Truste0s - Two vacancies to fill six-year terms July 1, 2005 - .July 1,2011. (lerm expires for Katherine Gloer and .Jim Swaim) (4 Males and 2 Females currently serve). b) Airport Commission - One vacancy to fill an unexpired term ending March 1, 2008. (Daniel Clay resigned) (3 Males and 1 Female currently serve). See ~.. ~ _ 99~p~ondenca included in Council packet. Previous: c) Planninq & Zonin,q Commission - One vacancy to fill an unexpired term ending May 1, 2006. (Benjamin Chait resigned) (2 Males and 2 Females currently serve). d) Housing and Community Development Commission - One vacancy to fill an unexpired term ending September 1, 2006. (Erin Barnes resigned) (5 Males and 3 Females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, APRIL 27, 2005. April 5, 2005 City of Iowa City Page 12 ITEM 15. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 16. CITY COUNCIL INFORMATION. / ITEM 17. REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. - 49 c. City Manager. ~ ITEM 18. ADJOURNMENT.