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HomeMy WebLinkAbout1998-09-22 AgendaSubject to change ~s t~na~xt by the City Clerk. For a Fm~l oL~cial cop~ contact the Ci~r Clerk~ O~ce, 356-5040. ITEM NO. 1. ITEM NO. 2. ITEM NO. 3. AGENDA CITY COUNCIL MEETING September 22, 1998 - 7:00 p.m. Civic Center b. Minutes of Boards and Commissions. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Animal Control Advisory Board - January 15 Animal Control Advisory Board - March 19 Animal Control Advisory Board - July 23 Iowa City Airport Commission - August 20 Iowa City Board of Appeals - August 3 Iowa City Historic Preservation Commission - August 27 Iowa City Public Library Board of Trustees - July 23 Iowa City Public Library Board of Trustees - August 27 Planning and Zoning Commission - September 3 Police Citizens Review Board - September 8 Police Citizens Review Board - September 15 Recommendation to Council: Approve an extention of 45 days to file their public report on Complaint #98-12 because the Board is requesting further information from the Chief of Police. Rules Committee - September el Senior Center Commission - August 18 Approval of Official Council Actions of the special meetings of September 8 and September 9, as published, subject to corrections, as recommended by the City Clerk. CALL TO ORDER. ROLL CALL. MAYOR'S PROCLAMATION. a. MOTOR-IOWAY Day - October 5 b. Fire Prevention Week - October 4-10 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. September 22, 1998 City of Iowa City Page 2 de Permit Motions and Resolutions as Recommended by the City Clerk. (1) Class B Liquor License for Highlander, Inc., dba Radisson Hotel - Iowa City, 2525 N. Dodge St. (Renewal) (2) Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle Restaurant, 115 E. Washington St. (Renewal) (3) Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop, 2221 Rochester Ave. (Renewal) (4) Class E Liquor License for Randall's International, Inc., dba Cub Foods, 855 Hwy 1 West. (Renewal) (5) Class E Beer License for Randall's International, Inc., dba Cub Foods, 855 Hwy 1 West. (Renewal) (6) Class C liquor License for Micky's of Iowa City, Inc., dba Micky's, 11 S. Dubuque St. (New) (7) Class C Liquor License for Vanessa's of Iowa City, Inc., dba Givanni's, 109 E. College St. (New) (8) Class C Liquor License for Caf~ Pacifico of Iowa City, Inc., dba Mondo's Sports Caf~, 212 S. Clinton St. (New) (9) Class C Liquor License for CMB, Inc., dba Gringo's, 115 E. College St. (New) (10) Refund an unused portion of a Class C Liquor License for Gringo's of Iowa City, Inc., dba Gringo's, 115 E. College St. (11) Resolution to issue a Dancing permit to Highlander, Inc., dba Radisson Hotel - Iowa City, 2525 N. Dodge St. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $11,276,802.72 FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 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. (2) CONSIDER A MOTION TO APPROVE THE FY98 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Comment: The U.S. Department of Housing and Urban Development requires that Iowa City complete and submit this annual performance report regarding Community Development Block Grant (CDBG) and HOME Investment Partnership program (HOME) funding. A 30-day public comment period began on August 29 with copies of the CAPER available for public review at the City Clerk's Office and the Iowa City Public Library. On September 17, the Housing and Community Development Commission held a public hearing on the CAPER and recommended its approval. The CAPER will be sent to HUD following completion of the public comment period. September 22, 1998 City of Iowa City Page 3 e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U .S.C 5307, TO BE USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. Comment: JCCOG is preparing the annual Federal Transit Administration [FTA] Section 5307 application on behalf of Iowa City Transit. Funding in the amount of 9301,923 is being requested for FY99 transit operations. This is an increase of 55% from the FY98 FTA operating apportionment. CONSIDER A RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1998. Comment: The Iowa Department of Transportation requires all municipalities to submit this report annually on or before September 30. ct ~- 3o~2 (3) CONSIDER A RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET AND DESIGNATION OF MAGGIE GROSVENOR AS THE PROJECT OFFICER. Comment: The Department of Housing and Urban Development (HUD) has awarded the Housing Authority 9200,000 in federal funds for the purpose of constructing new office space either as part of the Civic Center addition project or in another suitable location. These funds must be committed within one year. To date, the Housing Authority has received public housing ClAP funds over the past four years totaling 9839,672. The ClAP funds represent a significant source of funding that not only maintains and improves public housing but also is spent purchasing local goods and services. (4) CONSIDER TO SIGN OF A PROPERTY A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ATTEST THE RELEASE LIEN REGARDING A MORTGAGE FOR THE LOCATED AT 841 7th AVENUE, IOWA CITY, IOWA. Comment: The owners of the property located at 841 7th Avenue received assistance through the City's Housing Rehabilitation Program for a total of 99,643 on June 17, 1998. The financing was in the form of a Mortgage. The loan was paid off on September 16, 1998; thus the lien can now be released. September 22, 1998 City of Iowa City Page 4 (5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 15 NORTH LUCAS STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 15 North Lucas Street received assistance through the City's Housing Rehabilitation Program for a total of ~ 1,860 on July 26, 1995. The financing was in the form of a Rehabilitation Agreement, a Promissory Note and a three-year no interest Mortgage. The loan was paid off on August 31, 1998; thus the lien can now be released. (6) CONSIDER RESOLUTION AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO ALLOW COMMUNITY FORUMS TO BE HELD IN NON-CITY FACILITIES IN IOWA CITY. Comment: Current by-laws require all meeting to be held in a City facility. It is the desire of the Police Citizens Review Board that Community Forums be held in non-City facilities. An amendment was proposed by the PCRB Board and referred to the Council Rules Committee. The Rules Committee modified the language as presented and recommends approval at this time. At their meeting of September 15, the PCRB Board reviewed the Rules Committee recommendation and offered modified language. Minutes of that meeting are included in Council packet. Correspondence. (1) Steven Nelson - Sandusky Drive Storm Water Retention Problems (2) John Rummelhart - severe weather alert siren (3) L. Graham Dameron (JC Dept of Public Health) - South Gilbert Street (4) Dwight Seegmiller (Hills Band & Trust Co) - South Gilbert Street (5) Christopher Arch (Good News Bible Church) - invitation (6) Catherine Woods - Dan Coleman appointment (7) David Reed (Iowa City Green Party) - Dan Coleman appointment (8) Bruce Glasgow - filling of land [staff response included in Council packet] (9) JCCOG Traffic Engineering Planner: (a) Stop Sign on Waterfront Drive at Southgate Avenue Intersection (b) Stop Sign on Southgate Avenue at South Gilbert Street Intersection (c) Installation of Sunday-Only Loading Zone in the 100 Block of 100 N. Dubuque Street (1 O) Civil Service Commission submitting certified lists of applicants for the following position(s): (a) Clerical Assistant - Cable TV (b) Construction Inspector I (c) Maintenance Operator (d) Maintenance Worker I - Parking September 22, 1998 City of Iowa City Page 5 ITEM NO. 4. (e) Maintenance Worker II - CBD L ID/ n eolen n END OF CONSENT CALENDAR. O~ ~,~C~ J a~ q PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEM NO. 5. PLANNING AND ZONING MATTERS. a. Public hearing on an ordinance changing the zoning designation of approximately 22 acres from Medium Density Single-Family Residential (RS- 8) to Low Density Single-Family Residential (RS-5) for property located in the Summit Street Historic District. (REZ98-0010). Comment: At its August 20 meeting, by the~ the~lanning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated August 6. Correspondence included in Council packet. Action: ~ ~ 4,000 square foot property located at 114 Wright Street from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM). (First consideration) Comment: Commission recommended approval of the proposed rezoning. recommended approval in its June 18 report. Action: L~ / 4{P' ,~,,~ ~ P q . At its July 2 meeting, by a vote of 6-0, the Planning and Zoning Staff September 22, 1998 City of Iowa City Page 6 Consider 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-O009) (First consideration) 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. First consideration was deferred on September 9. Consider a resolution approving a preliminary plat of Country Club~s First Addition, a 10.82 acre 21-1ot residential subdivision located at the west terminus of Phoenix Drive. (SUB98-0011) Comment: At its August 20 meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended that the preliminary plat of Country Club Estates First Addition, be approved. Staff recommended approval in a report dated August 20. Consideration was deferred on September 9. o 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. Consideration was deferred on July 28. Staff memorandum included in Council packet. Action: ~7/4-~~~/~,.D~;~--~ ~ September 22, 1998 City of Iowa City Page 7 ITEM NO. 6. PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE TO DECREASE THE RATES FOR LANDFILL USE FEES. Comment: This public hearing is being held to receive public comment on proposed landfill use fee rate changes. Based on the recently completed Landfill Master Plan, landfill fees are proposed to be decreased by $10 per ton from ~48.50 to ~38.50 (Iowa City premises, subject to property tax and City-owned property) and $53.50 to ~43.50 (all other), untreated wood and yard waste from ~30/ton to ~24/ton, minimum fee from ~4.00 to ~3.00 (Iowa City premises, subject to property tax and City-owned property) and $4.25 to $3.25 (all other), and adding a new fee for Asbestos Containing Material, $100 and $105/ton. Staff memorandum included in Council packet. Action: ITEM NO. 7. APPEAL TO CITY COUNCIL OF THE DECISION OF THE HISTORIC PRESERVATION COMMISSION REGARDING THE CERTIFICATE OF APPROPRIATENESS FOR CONSTRUCTION OF A NEW PRIMARY BUILDING ON LOTS 1 & 2, M&W ADDITION (803 S. SUMMIT STREET), WHICH APPEAL WAS FILED WITH THE CITY CLERK ON AUGUST 20, 1998, BY APPLICANT BRADFORD J. HOUSER. Comment: On August 17, 1998, the Commission approved a Certificate of Appropriateness for this property, subject to certain conditions. The applicant has appealed the condition requiring wood siding. 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. Correspondence and staff memorandum included in Council packet. PUBLIC HEARING Acti n' CONSIDER A MOTION DECIDING September 22, 1998 City of Iowa City Page 8 ITEM NO. 8. CONSIDER AN ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE, BY CHANGING THE NAME OF THE "BROADBAND TELECOMMUNICATIONS COMMISSION" TO "TELECOMMUNICATIONS COMMISSION." (FIRST CONSIDERATION) Comment: As a result of the merger of the various media, current and future issues addressed by the Broadband Telecommunications Commission will continue to involve a wide range of telecommunications beyond the original concept of cable TV services and delivery. The Commission felt that its name should more accurately reflect its actual responsibilities and functions and has recommended to Telecommunications Commission, the City Council that the name of Broadband Commission be changed to the Telecommunications ITEM NO. 9. CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 4, ADDING SECTION 1C THEREIN TO PROVIDE FOR ADDITIONAL ENFORCEMENT ABILITIES FOR PARKING VIOLATIONS. (PASS AND ADOPT) ITEM NO. 10. Comment: City parking enforcement personnel have identified a problem enforcing parking after an initial violation is cited. In high parking demand areas, it is more convenient to be issued a $5 violation than to find alternative parking. A motorist can park illegally all day for the price of a 95 violation. This action will allow Police and Parking Division personnel to write additional tickets every two hours to provide a deterrent to cease the parking violation, Action: '~~/~2 ~,4(~b-~_~ o P--J2 CONSIDER A RESOLUTION REPEALING RESOLUTION 96-264 AND ESTABLISHING THE DESIGN REVIEW COMMITTEE AS A STAFF COMMITTEE. Comment: This resolution is to provide for the transition of design review responsibilities from an appointed citizens group to qualified members of the City staff. Consideration was deferred on September 9. Correspondence included in Council packet. September 22, 1998 City of Iowa City Page 9 ITEM NO. 11. CONSIDER A RESOLUTION AUTHORIZING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR ARCHITECTURAL SERVICES FOR THE IOWA CITY LANDFILL SCALE HOUSE AND RECYCLE CENTER. Comment: This contract is for design of a replacement for the Landfill scalehouse that was destroyed in the June 29 windstorm. Integrated into this new building will be the Household Hazardous Waste Facility. This contract is with Wehner Pattschull & Pfiffner, PC of Iowa City and will be funded by Landfill fees and FEMA. Consideration was deferred on September 9. ITEM NO. 12. 307 CONSIDER A RESOLUTION APPROVING THE COLOR OF EXTERIOR AWNING AT 115 E. COLLEGE STREET. Comment: approval of a color change to its existing awning. in Council packet. Action: 7/Z,~-~~/~ ,~~~ Gringo's of Iowa City, Inc. at 115 E. College Street seeks Council Staff memorandum included ITEM NO. 13. CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE CITY'S BEHALF IN APPROVING APPLICATIONS FOR THE PLACEMENT OF INFORMATION GUIDE SIGNS BY THE UNIVERSITY OF IOWA. Comment: The University of Iowa on occasion has a need to install or alter the location of informational signs located on public rights-of-way that identify various University facilities. This resolution will ease the process for locating University signs on public rights-of-way by allowing staff to approve the placement of informational signs. ITEM NO. 14. CONSIDER A RESOLUTION ESTABLISHING FEES OR ASSESSING COSTS FOR CERTAIN SERVICES PERFORMED BY THE FIRE DEPARTMENT. Comment: Ordinance No. 98-3845 provided for the establishment of fees or assessing costs when utilizing the Fire Department's Confined Space Rescue Team for permit-required confined space response rescue or recovery operations, pursuant to Council resolution. This resolution establishes such fees or assessed costs. September 22, 1998 City of Iowa City Page 10 ITEM NO. 15. CONSIDER A RESOLUTION REPEALING RESOLUTION NO. 96-11 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL COUNCIL MEETINGS. ITEM NO. 16. Comment: At the special formal Council meeting of September 9, a majority of Council agreed to a two part public discussion for formal meetings. Action: CONSIDER MOTION GRANTING A 45-DAY CITIZENS REVIEW BOARD FOR THE FILING COUNCIL ON COMPLAINT #98-12. EX % f~ TENSION TO TH~z~P LICE OF REPORT WITH THE CITY Comment: Ordinance 97-3792 establishes the Police Citizens Review Board and sets forth mechanisms for complaints. The Ordinance also provides for the City Council to grant extensions of the 30-day reporting requirement for good cause. At their meeting of September 15, 1998, the Board unanimously requested a 45-day extension for the reasons stated in the letter included in Council packet. ITEM NO. 17. ANNOUNCEMENT OF VACANCIES. a. Current vacancies. (1) Board of Adjustment: One vacancy to fill a five-year term ending January 1, 2004. (Term expires for William Haigh.) (2 females and 2 males currently serve on this Board.) (2) Board of Appeals: Two vacancies to fill five-year terms December 31, 2003 [one to be a mechanical professional]. expire for Anna Buss and John Staska.) (0 females and 5 currently serve on this Board.) ending (Terms males (3) Human Rights Commission: ending January 1, 2002. Dickerson, and Ann Shires.) this Commission.) Three vacancies to fill three-year terms (Terms expire for Patricia Harvey, Tom (4 females and 2 males currently serve on (4) Parks and Recreation Commission: Three vacancies to fill -four-year terms ending January 1, 2003. (Terms expire for Judith Klink, Rex Pruess, and Ken Fearing.) (2 females and 4 males currently serve on this Commission.) (5) Planning and Zoning Commission: One vacancy to fill an unexpired term ending May 1, 2002. (Philip Shire resigned. Correspondence included in Council packet.) (3 females and 3 males currently serve on this Commission.) September 22, 1998 City of Iowa City Page (6) Public Art Advisory Committee: One vacancy to fill a three-year term ending January 1, 2002. (Term expires for Deborah Galbraith.) (3 females and 1 male currently serve on this Committee.) (7) Riverfront and Natural Areas Commission: Two vacancies to fill three- year terms ending December 31, 2001. (Terms expire for Richard Hoppin and Lori Goetsch.) (3 females and 4 males currently serve on this Commission.) (8) Senior Center Commission: Two vacancies to fill three-year terms ending December 31, 2001. (Terms expire for Philip Zell and Kenneth Mobily.) (5 females and 1 male currently serve on this Commission.) These appointments will be made at the November 3 Council meeting. b. Pr'~eviou~ounced. (1) Housing and Community Development Commission: One vacancy to fill an unexpired term ending September 1, 2000. (Sandy Kuhlmann resigned.) (2 males and 4 females currently serve on this Commission.) (2) Housing and Community Development Commission: Two vacancies to fill three-year terms expiring September 1, 2001. (Daniel Cilek resigned; term expired for Daniel Coleman.) (2 males and 4 ~emales currently serve on this Commission.) These appointments will be made at the October 6 Council meeting. ITEM NO. 18. CITY COUNCIL INFORMATION ITEM NO. 19. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ITEM NO. 20. ADJOURNMENT. ,~ Citl/of City Council Meeting Schedule andsep,em~, ~8, ~998 Tentative ~X/'ork Session Agendas Meeting dates/times subject to diange !September 21 6:30p [September 22 7:00p September 29 6:30p October 5 6:30p COUNCIL WORK SESSION 6:30p 6:50p 7:05p 7:15p 7:25p 7:40p 7:55p 8:05p 8:15p 8:30p 9:00p 9:15p Monday I Council Chambers Review Zoning Matters Review Agenda Items Iowa Avenue Parking Garage Financing Update 28E Agreement Regarding Annexation and Extraterritorial Review of Subdivisions between Iowa City and Coralville Landfill Recycle Center (Household Hazardous Waste) Circus and Rodeo Permit Regulations Design Review Committee Holiday Lights Housing Forum Issues Sales Tax Disorderly House Ordinance Council Agenda/Council Time FORMAL COUNCIL MEETING Tuesday I Council Chambers SPECIAL COUNCIL WORK SESSION Joint Meeting with University Student Senate 6:30p Reception 7:00p Separate agenda Tuesday I Iowa Memorial Union COUNCIL WORK SESSION Monday I Council Chambers October 6 7:00p FORMAL COUNCIL MEETING Tuesday I Council Chambers FUTURE V/ORK SESSION ITEMS Sidewalk Caf~s South Gilbert Street Corridor Highland Avenue Traffic Calming Hickory Hill West North End Parking Chutes and Vaults Water Project Update Deer Management Sanitary Sewer Repair - New Policy Update