HomeMy WebLinkAbout1998-10-06 AgendaSubject to change as Bn~h~ed by the City Clerk. For a End oi~ciA cops contact the City Clerk~ Ot~ce, 356-504a
ITEM NO. 1.
AGENDA
CITY COUNCIL MEETING
October 6, 1998 7:00 p.m.
Civic Center
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2.
OUTSTANDING STUDENT CITIZENSHIP AWARDS.
a. Chavel Aron
b. Erin Austin
c. Kelsie Austin
d. Brent Jenn
(Grant Wood Elementary)
ITEM NO. 3.
MAYOR'S PROCLAMATIONS.
a. Breast Cancer Awareness Month - October
Mammography Day - October 16
ITEM NO. 4o
CONSIDER ADOPTION
AMENDED.
OF THE CONSENT CALENDAR AS PRESENTED OR
a. Approval of Official Council Actions of the regular meeting of September 22
and the special meeting of September 28, as published, subject to
corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Animal Control Advisory Board - September 24
(2) Broadband Telecommunications Commission - August 24
(3) Housing and Community Development Commission - July 16
(4) Planning and Zoning Commission - September 17
(5) Public Art Advisory Committee - August 4
(6) Public Art Advisory Committee - August 13
(7) Riverfront and Natural Areas Commission - August 19
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Class C Beer Permit for Kirshna, Inc., dba Mini Mart, 731 S. Riverside
Dr. (Renewal)
Class B Beer Permit for Landis Management, Inc., dba Duds 'n' Suds,
5 Sturgis Dr. (Renewal)
(2)
October 6, 1998 City of Iowa City Page 2
(3) Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct. (Renewal)
(4) Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side
Pub.,1210 Highland Ct. (Renewal)
(5) Class C Liquor License for Diamond Dave's Taco Company Leasing dba
Diamond Dave's Taco Company, 1604 Sycamore, #330 Sycamore Mall.
(Renewal)
(6) Class C Beer Permit for DeliMart, Corp., dba DeliMart #5, 828
S. Dubuque St. (New)
(7) Resolution to issue Dancing Permit to HMDS, Inc., dba Grizzly's South
Side Pub, 1210 Highland Ct.
(8) Resolution to issue Cigarette Permit to DeliMart, Corp., dba DeliMart
#5, 828 S. Dubuque St.
d. Setting Public Hearings.
(1)
CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
OCTOBER 20 ON THE PROPOSED ORDINANCE TO AMEND THE
DISORDERLY HOUSE ORDINANCE TO PROVIDE FOR POLICE OFFICER
INITIATED COMPLAINTS, TO PROVIDE FOR POLICE AUTHORITY TO
RESTORE ORDER AND DISPERSE PERSONS FROM VIOLATING
PREMISES, TO ESTABLISH AN OBLIGATION ON ATTENDEES TO
DISPERSE UPON ORDER OF THE POLICE, AND TO ESTABLISH
PENALTIES FOR VIOLATION OF SUCH REGULATIONS.
Comment: The Iowa City Police Department and the City Attorney's
Office have recommended enactment of amendments to the Disorderly
House Ordinance, as they meet the goals of explicitly authorizing police
involvement before the disturbance is out of control, as well as
explicitly granting authority to restore order and disperse persons after a
citation has been issued and to provide for penalties for violation of
such regulations.
e. Resolutions.
(1)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER, STORM SEWER, WATER MAIN AND
PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT
ADDITION, PART VIII AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
95-315
(2)
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE 1996 CURB RAMPS PROJECT.
(3)
Comment: See Engineer's Report.
CONSIDER A RESOLUTION
NAPOLEON PARK ENTRANCE
PROJECT.
ACCEPTING THE WORK FOR THE
AND PARKING LOT IMPROVEMENTS
Comment: See Engineer's Report.
October 6, 1998 City of Iowa City Page 3
(4)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST PERMANENT
AND TEMPORARY EASEMENT AGREEMENTS WITH THE
STATE BOARD OF REGENTS FOR THE PLACEMENT OF SANITARY
SEWER ACROSS THE UNIVERSITY HAWKEYE FARM PROPERTY
AND FOR THE EXECUTION OF AN ASSIGNMENT AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND DAV-ED LTD.
TO FACILITATE CONSTRUCTION WITHIN SAID EASEMENT AREA.
Comment: The preliminary plat of Galway Hills Part 5 was conditionally
approved by the City Council on March 24, 1998, subject to finalization
of easements and agreements for the provision of sanitary sewer
service prior to consideration of a final plat for the subject area. The
provision of sanitary sewer service to the area requires installation of a
sewer pipeline across University of Iowa property known as the
Hawkeye Farm. As the provision of sanitary sewer service to the area
is beneficial to the general public, the City has negotiated the grant of
an easement agreement with the State Board of Regents. Additionally,
as the installation of said sewer service is of direct benefit to Dav-Ed
Ltd., said developer has agreed to construct the public improvement.
This Resolution authorizes the execution of the Permanent and
Temporary Easement Agreements with the State Board of Regents, and
also authorizes execution of an Assignment Agreement with Dav-Ed Ltd
which assigns the City's construction obligations and liability to the
Developer during construction of the improvement.
f. Correspondence.
(1) Nathan Eugene Savin and Susan Enzle - Dubuque Street sidewalk
(2) Carolyn Cavitt and Julie Phye (Stepping Up Project) - disorderly house
ordinance
(3) Gary Fink (FAP Enterprises, Inc.) - South Gilbert Street
(4) Pat and Cathie Moore (Advanced Electric Services, Inc.) - South Gilbert
Street
(5) Robert Wheeler and Julie Lansing - Benton Street
(6) Dorothy Paul and Jael Silliman (Human Rights Iowa City) - Dan
Coleman appointment
(7) JCCOG Traffic Engineering Planner:
(a) Removal of Parking Prohibition on the South Side of Highland
Avenue
(8) Civil Service Commission submitting certified lists of applicants for the
following position(s):
(a) Program Supervisor
(b) Maintenance Worker I - Solid Waste
October 6, 1998 City of Iowa City Page 4
ITEM NO. 5.
PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA)
Public Discussion will be continued, if necessary,
Information" item.
[UNTIL 8:00 P.M.].
prior to "City Council
ITEM NO. 6. PLANNING AND ZONING MATTERS.
Consider a motion setting a public hearing for October 20 on an ordinance
vacating the Madison Street right-of-way south of Prentiss Street, the Des
Moines Street right-of-way west of Capitol Street and the 20-foot wide alley
south of Prentiss Street and west of Capitol Street. (VAC98-0005)
Comment: At its September 17 meeting, by a vote of 5-1, the Planning and
Zoning Commission recommended approval of the proposed vacation, subject
to utility easements and an emergency vehicle access easement being
retained and subject to The University of Iowa submitting proof of ownership
of all adjacent properties. Staff recommended approval in a report dated
September 17.
Actio.: /
Consider 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). (First consideration)
Comment: At its August 20 meeting, by the vote of 6-0, the Planning and
Zoning Commission recommended approval of the proposed rezoning. Staff
recommended approval in a report dated August 6.
Action: ,/;p
October 6, 1998 City of Iowa City Pa~e 5
c. Consider an ordinance changing the zoning d 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
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 and 22.
Action: h t r-J ~,~,,2,,~Jjf~~ ~O ~
d. Consider an ordinance c anging he zoning designation of an approximate
4,000 square foot property located at 114 Wright Street from Community
Commercial (CC-2) to Planned High Density Multiple-Family Residential
(PRM). (Second consideration)
Comment: At its July 2 meeting, by a vote of 6-0, the Planning and Zoning
Commission recommended approval of the proposed rezoning. Staff
recommended approval in its June 18 report.
Action: c~(.~.~,//7/¢~,~L~/ ~
Consider an ordinance conditionally changing the zoning designation on a 10-
acre tract located on the south side of Melrose Avenue and west of West
High School from Low Density Single-Family (RS-5) to Planned Development
Housing (OPDH-8) to permit an 80 dwelling unit retirement community.
(REZ98-0002) (Pass and adopt) ~ ~
Comment: At its March 5 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the requested rezoning subject
to agreements and easements for the provision of sanitary sewer service and
compliance with building and site design plans. Staff recommended approval
subject to conditions in a February 27 memorandum to the Commission.
This item was indefinitely deferred on May 26 pending resolution of the
sanitary sewer service issue which has now been resolved through
Item 4e(4) on this agenda.
October 6, 1998 City of Iowa City Page 6
Consider a resolution approving a final plat of Windsor Ridge - Part 9, a
20.33 acre, 46 lot residential subdivision located in the Low Density Single-
Family Residential (RS-5) zone for property located north of Arlington Drive
and Barrington Road. (SUB98-0023)
Comment: At its September 17 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the final plat of Windsor Ridge
Part 9, subject to legal papers and construction drawings being approved
prior to City Council consideration of the plat. Staff recommended approval
in a report dated September 17.
Action: 7//~~,/ ~-z~--~z-~
Consider a motion to forward a letter to the
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)
Johnson County Board of
Comment: At its July 16 meeting, the Planning and Zoning Commission
recommended by a vote of 5-0 that the Council forward a letter
recommending that the RS-10 zoning be denied, and on July 28, the City
Council approved a motion to forward a letter to the Johnson County Board
of Supervisors recommending denial. At the request of the applicant, the
Planning and Zoning Commission reconsidered the Milder rezoning request on
September 17, and recommended by a vote of 4-2 that the Council forward a
letter to the Board of Supervisors recommending denial. This is consistent
with the staff recommendation set forth in an August 27 memorandum.
Consider a motion to include in the letter to the Johnson County Board of
Supervisors concerning the Milder rezoning, request that the City and County
jointly consider resolutions to this type of rezoning situation that are not
contrary to the Fringe Area Agreement.
Comment: At its September 17 meeting, by a vote of 6-0 on an auxiliary
motion, the Planning and Zoning Commission expressed its interest in
resolving situations like the Milder case without running counter to the intent
of the Fringe Area Agreement. The Commission suggested that City and
County staff investigate whether there is some way to resolve such cases in
a practical manner. Staff has incorporated a paragraph containing the
Commission's suggestion into the letter that is to be forwarded to the Board
of Supervisors.
Action:
October 6, 1998 City of Iowa City Page 7
ITEM NO. 7.
,~(?
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR CONSTRUCTION OF THE WATER MAIN PHASE 4, EMERALD STREET TO
THE PENINSULA 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 consists of construction of a 24" feeder water main
from the Emerald Street Storage Tank to the Peninsula following a route along
the east side of Finkbine Golf Course to Hawkins Drive and then north across
Highway 6 where it runs across the Iowa River to the Peninsula. This feeder
main, when completed, will extend to the new water plant. The project also
includes sanitary sewer improvements near the intersection of Emerald Street
and Melrose Avenue. Water Bond proceeds and sewer revenues will fund this
project at an estimated cost of 91 ,189,500.
PUBLIC HEARING
Action:
ITEM NO. 8.
CONSIDER A RESOLUTION APPROVING
CONSIDER 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. (FIRST CONSIDERATION)
Comment: Based on the recently completed Landfill Master Plan, landfill fees
are proposed to be decreased by 910 per ton from 948.50 to 938.50 (Iowa City
premises, subject to property tax and City-owned property) and 953.50 to
943.50 (all other), untreated wood and yard waste from 930/ton to 924/ton,
minimum fee from 94.00 to 93.00 (Iowa City premises, subject to property tax
and City-owned property) and 94.25 to 93.25 (all other), and adding a new fee
for Asbestos Containing Material, 9100 and 9105/ton.
October 6, 1998 City of Iowa City Page 8
ITEM NO. 9.
CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H
ENTITLED "SOLID WASTE," SUBSECTION 2, ENTITLED "DEFINITIONS" OF THE
CITY CODE TO AMEND SEVERAL DEFINITIONS. (FIRST CONSIDERATION)
Comment: The ordinance amends several definitions within Section H, Solid
Waste. A new definition is added for asbestos-containing material, friable, and
nonfriable contaminated soil.
ITEM NO. 10.
CONSIDER AN ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY
CODE, BY CHANGING THE NAME OF THE "BROADBAND
TELECOMMUNICATIONS COMMISSION" TO "TELECOMMUNICATIONS
COMMISSION." (SECOND 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 the City Council that
Telecommunications Commission be changed
Commission.
the name of Broadband
to the Telecommunications
ITEM NO. 11.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND NEUMANN MONSON PC OF IOWA CITY, IOWA FOR PHASE II
ARCHITECTURAL AND ENGINEERING SERVICES.
Comment: This agreement authorizes Neumann Monson PC to complete Phase II
architectural and engineering activities which will lead to the construction of the
Iowa Avenue Multi-Use Parking Facility. The consultant fee is 7.12% of actual
construction costs but not to exceed $698,000. This fee is consistent with
other agreements the City has entered into with Neumann Monson PC.
Action:
October 6, 1998 City of Iowa City Page 9
ITEM NO. 12.
ITEM NO. 13.
~- ~z7.-
ITEM NO. 14.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AMENDMENT NUMBER 3 TO THE AGREEMENT
DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COMPANY AND
THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR
IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT
FACILITIES.
Comment: As a result of the wind storm and electrical power outage on
June 29, 1998, the City has concluded the only way to insure a continuous
supply of potable water throughout the community during power outages is to
provide standby electrical generation at the new water treatment plant and well
sites. Prior to the storm, dual feed electrical service was considered adequate
protection against an outage. This resolution will provide design services for
standby electrical generation. Public Works recommends approval of this
resolution. The consultant fee is $77,500.
Action:
CONSIDER A RESOLUTION ADOPTING THE 1996 MASTER PLAN FOR THE
IOWA CITY MUNICIPAL AIRPORT.
Comment: The 1996 Master Plan for the Airport provides an outline for the City
to safely meet its aviation needs for the next twenty (20) years. The Master
Plan has been adopted by the Airport Commission. Because it will take the joint
cooperation of the City Council and Airport Commission to implement the Master
Plan, it would be in the public interest for the City Council to adopt the Master
Plan as well.
Action:
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY
ADJACENT TO RUNWAY PROTECTION ZONES AS PART OF THE
IMPLEMENTATION OF THE IOWA CITY AIRPORT MASTER PLAN.
Comment: For safety reasons it is in the public interest to acquire property
which contains residential uses near a runway. Such acquisition is in harmony
with the Airport Master Plan, which articulates that safety is the top priority.
Ninety percent (90%) of the cost of such acquisitions, including any necessary
relocation costs, are eligible for reimbursement through the FAA.
October 6, 1998 City of Iowa City Page 10
ITEM NO. 15.
CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION.
Comment: This Resolution will confirm and ratify a proposed settlement
agreement involving pending litigation if the City Council approves of the
settlement agreement during the executive session scheduled for Monday,
October 5, 1998. 2J_~2~
Action: ~f'//'/,zj~ / r/~ '/~~
ITEM NO. 16. ANNOUNCEMENT OF VACANCIES.
a. Previously-announced.
(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 ending
December 31, 2003 [one to be a mechanical professional]. (Terms
expire for Anna Buss and John Staska.) (0 females and 5 males
currently serve on this Board.)
(3)
Human Rights Commission: Three vacancies to fill three-year terms
ending January 1, 2002. (Terms expire for Patricia Harvey, Tom
Dickerson, and Ann Shires.) (4 females and 2 males currently serve on
this Commission.)
(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.)
(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_,~ November 3 Council meeting.
October 6, 1998 City of Iowa City Page
ITEM NO. 17. CITY COUNCIL APPOINTMENTS
ITEM NO. 18.
Kuhlmann resigned.) (2 males and 4 females
Commission.)
be
Consider an appointment to the Housing and Community Development
Commission to fill an unexpired term ending September 1, 2000. (Sandy
currently serve on this
Consider two appointments to the Housing and Community Development
Commission to fill three-year terms expiring September 1, 2001. (Daniel Cilek
resigned; term expired for Daniel Coleman.) (2 males and 4 females currently
serve on this Commission.)
[IF NECESSARY] (ITEMS NOT ON THE A NDA). ~
PUBLIC DISCUSSION
ITEM NO. 19. CITY COUNCIL INFORMATION
ITEM NO. 20.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 21.
ADJOURNMENT.
October 5
6:30p
6:50p
1October 6
7:00p
City Council Meeting Schedule and
Tentative W'ork Session Agendas
SPECIAL FORMAL COUNCIL MEETING
Executive Session - Pending Litigation and Land Acquisition
COUNCIL WORK SESSION
6:50p
7:1Op
7:25p
7:55p
8:25p
8:50p
9:00p
9:10p
9:20p
October 1, 1998
Meet~r~ d~tes/times subje~ to ct~ye
Monday]
Review Zoning Matters
Review Agenda Items
Sales Tax
South Gilbert Street Corridor
Highl,and Avenue Traffic Calming
Nonconforming Use Regulations
Winter Decorative Lights
Appointments: Housing and Community Development Commission (3)
Council Agenda/Council Time
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
~October 14
7:00p
SPECIAL COUNCIL WORK SESSION
City Hall Day
~Y/ednesdayl
Cora/v///e C/ty /4a//
Ioctober:19
6:30p
COUNCIL WORK SESSION
Monday [
Council Chambers
October 20
7:00p
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
[October 27
6:00p
SPECIAL COUNCIL WORK SESSION
Capital Improvement Program
Tuesday
Council Chambers
FUTURE ~X~ORK SESSION ITEMS
Circus and Rodeo Permit Regulations
Deer Management
Sidewalk Cafes
Water Project Update
North End Parking
Sanitary Sewer Repair - New Policy Update
Hickory Hill West
Chutes and Vaults