HomeMy WebLinkAbout1998-12-01 AgendaSubject to change as ~'zab~ed by the O'0, Clerk. For a final ob~eial eopj~ contact the CiO~ Cletk~ 0t~ce, 356-5040
ITEM NO. 1.
ITEM NO. 2.
ITEM NO. 3.
ITEM NO. 4.
AGENDA
CITY COUNCIL MEETING
December 1, 1998 - 7:00 p.m.
Civic Center
410 E. Washington Street
CALL TO ORDER.
ROLL CALL.
OUTSTANDING STUDENT CITIZENSHIP AWARDS.
a. Alex Bryk ~
b. Alexandr~! Krieg ~
c. Yoav Strainer
MAYOR'S PROCLAMATIONS.
c. Trojan Football Team Recognition Day - December 4
AMENDED.
(Lincoln~
World AIDS Day - December 1 ~~/~/~4~f'c't~
City High Little Hawks Volleyball Team Recognition Day - December 2
AS PRESENTED OR
a. Approval of Official Council Actions of the regular meeting of November 17,
as published, subject to corrections, as recommended by the City Clerk.
Minutes of Boards and Commissions.
( 1 ) Historic Preservation Commission - September 10
Recommendation to Council: Approve the proposed Summit
Bridge reconstruction plans.
(2) Historic Preservation Commission - October 1
(3) Historic Preservation Commission 1999 Preservation
Implementation Report
(4) Housing and Community Development Commission - October 15
(5) Iowa City Airport Commission - October 8
(6) Iowa City Human Rights Commission - October 19
(7) Iowa City Telecommunications Commission - October 26
(8) Planning and Zoning Commission - November 5
Street
Plan
December l, 1998 City of Iowa City Page 2
(9) Senior Center Commission - October20
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Refund an unused portion of a Special Class C Liquor License for
Benjamin and Carolyn Barrientes dba Caf6 La Perlita, 327 E. Market St.
(2) Special Class C Liquor License for Pagliai's Pizza Palace Ltd., dba Pagliai's
Pizza, 302 E. Bloomington.
(3) Class C Liquor License for New Yen Ching Restaurant, Inc., dba New Yen
Ching Restaurant, 1803 Boyrum St. (New)
(4) Class C Beer Permit for JG Robins, Inc., dba Petro n Provisions, 2 Escort
Lane. (Renewal)
d. Motions
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $12,316,023.05 FOR THE PERIOD OF OCTOBER 1
THROUGH OCTOBER 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 ACCEPTING ABSTRACT OF VOTES FOR THE
NOVEMBER 3, 1998, ELECTION.
e. Resolutions.
373
(1)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MERCANTILE BANK MIDWEST, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA.
Comment: Mercantile Bank Midwest, Iowa City, Iowa has requested
that the City approve a Subordination Agreement for 19 Regal Lane.
On April 25, 1997, the owner of the property received a $3,000
Mortgage through the City's Downpayment Assistance Program.
Mercantile Bank Midwest has refinanced the first mortgage with the
property owner. The property is appraised at $88,000 which provides
enough equity to cover the City's second lien position, of which was
the City's original position.
December 1, 1998 City of Iowa City Page 3
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
FIRSTPLUS FREEDOM, SALT LAKE CITY, UTAH FOR PROPERTY
LOCATED AT 619 KIRKWOOD AVENUE, IOWA CITY, IOWA.
Comment: FirstPlus Freedom, Salt Lake City, Utah has requested that
the City approve a Subordination Agreement for 619 Kirkwood Avenue.
On May 12, 1995, the owners of the property received a $4,145
Conditional Occupancy Loan and on October 22, 1996, a $11,076
Conditional Occupancy Loan for a total of $15,221 through the City's
Housing Rehabilitation Program. FirstPlus Freedom has refinanced the
first mortgage with the property owners. The property is appraised at
$131,000 which provides enough equity to cover the City's second lien
position, of which was the City's original position.
9~,~37,~ (3)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A RENTAL REHABILITATION LOAN FOR THE PROPERTY
LOCATED AT 120 NORTH GOVERNOR STREET, IOWA CITY, IOWA.
Comment: The owners of the property located at 120 North Governor
Street received $15,000 assistance through the City's Rental
Rehabilitation Program on May 5, 1988. The financing was in the form
of a 10-year, no-interest declining balance loan. The terms of this loan
were satisfied on November 5, 1998; thus the lien can now be
released.
f. Correspondence.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Stephen Gander (World's Toughest Rodeo) - rodeo and circus ordinance
Joan Liffring-Zug Bourret and Dwayne Bourret - North Dubuque Street
sidewalk
Pamela Stewart - sales tax
Marge Trusty - deer and sales tax
Drew Chebuhar - fare reduction
Ekhart Ziegler - Benton Street
Richard and Mary Ann Park - Benton Street
Pamela Bourjaily (Roosevelt Elementary School PTO) - Benton Street
Kathy Janz - Goosetown traffic calming
Youth on the Plaza Task Force - additional funding to increase police
presence in the downtown
Civil Service Commission submitting certified lists of applicants for the
following position(s):
(a) Code Enforcement Assistant
(b) Mass Transit Operator
Lloyd Wanveer - municipal bonds and stocks
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December t, t 998 City of Iowa City Page 4
ITEM NO. 5.
END OF CONSENT CALENDAR.
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.
Public hearing on an ordinance to vacate street right-of-way located
east of North Mark~__;~,,u~/e~;),~3)k, and south of Horace-Mann School.
(VAC98-0006)
Comment: At its November 5 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended approval of this vacation, subject to the
Old Johnson Street right-of-way remaining open to public recreational use
and not being fenced off or otherwise separated from Market Square Park,
the alley right-of-way remaining open to fire and emergency vehicle access,
and subject to the retention of all necessary utility easements. Staff
recommended approval in its November 5 staff report.
Action: ~ ~ ~
be
Consider an ordinance changing the zoning designation of 21.53 acres from
Low Density Single Family Residential (RS-5), County A1, Rural, and County
CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-
12), located at the southeast corner of Scott Boulevard and American Legion
Road. (REZ98-O004)(Second consideration)~_,~'~z~2~_4~'
Comment: At its October 1 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the proposed rezoning, subject
to agreements and easements for the provision of sanitary sewer service,
and the final building elevation designs to be approved by the Department of
Planning and Community Development. Staff recommended approval in a
report dated August 20.
December 1, 1998 City of Iowa City Page 5
c. Consider an ordinance changing the zoning designation of approximately 10
acres from Low Density Single-Family Residential (RS-5) to Planned
Development Housing Overlay (OPDH-5), to allow 36 dwelling units, for
property located at Wellington Drive and Vii!age Road.
(REZ98-0012/SUB98-0021 ) (Second consideration)/,/_J~ ~
Comment: At its October 1 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the proposed rezoning. Staff
recommended approval in a report dated August 2.
from Suburban Residential (County RS), to Low Density Single-Family
Residential (RS-5) and Public (P) for property located at the east terminus of
Court Street. (REZ98-OO15). (Second consideration)
Comment: At its October 1 meeting, the Planning and Zoning Commission,
by a vote of 6-0, recommended approval of the proposed rezoning. Staff
recommended approval in a report dated September 17.
alley south of Prentiss Street and west of Capitol Street. (VAC98-000E)
(Pass and adopt) ~ ~ ~
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 subject to The University of Iowa submitting proof
of ownership of all adjacent properties. The University owns all property
adjacent to the northern 160 feet of the 20-foot wide alley. Staff
recommended approval in a report dated September 17.
December 1, 1998 City of Iowa City Page 6
Consider 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 south 160-feet of the 20-foot wide alley south of Prentiss Street and
west of Capitol Street. (VAC98-0005) (Pass and adopt)
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. Staff recommends that this item be deferred indefinitely until
the University submits proof of ownership of all adjacent properties, which is
expected in February of 1999.
Consider a resolution approving a final plat of Galway Hills Subdivision, Part
Five, a 13.63 acre, 8-lot residential subdivision located on the south side of
Melrose Avenue and West of West High School. (SUB98-0026)
h=
Comment: At its November 5 meeting, by a vote of 5-0, the Planning and
Zoning Commission recommended approval of the final plat subject to the
approval of legal papers and construction drawings prior to Council
consideration. Staff recommended approval in its November 5 staff report.
Consideration deferred on November 17.
Action: '~. / 7~_~ . .
Consider a resolution approving a preliminary and final plat of Resubdivision
of Lots 3, 4, 5, and 6 of W.B. Development, an 8.33 acre, 8-lot commercial
subdivision located on the south side of Escort Lane.
Comment: At its November 19 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the preliminary and final plat,
subject to securing a permanent means of access to Lot 4, and the approval
of legal papers and construction drawings by staff prior to City Council
consideration of the plat. Staff recommended approval in a memorandum
dated November 13.
December 1, 1998 City of Iowa City Page 7
ITEM NO. 7.
ITEM NO. 8.
CONVEYANCE OF VACATED PORTIONS OF THE DES MOINES STREET RIGHT-
OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA RIVER,
THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND
NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT
WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET
RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF
IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT
PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PURPOSE AND
WITHOUT COMPENSATION.
Comment: On October 20, 1998, the City Council held a public hearing on an
ordinance vacating portions of the Des Moines Street right-of-way located west of
Capitol Street and east of the Iowa River, the Madison Street right-of-way south of
Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20 foot
wide alley between Prentiss Street and the Des Moines Street right-of-way west
of Capitol Street for the purpose of facilitating redevelopment of the adjacent and
subject properties by The University of Iowa for a new administration building.
Said adjacent properties are currently being acquired by The University of
Iowa/Iowa State Board of Regents for said redevelopment, and as such
redevelopment is by a governmental body for a public purpose, it is proposed that
said property transfer be made without compensation pursuant to Iowa Code
§364.7(3) (1997). This Resolution authorizes conveyance of the above properties
after acquisition of abutting properties by the University, and after passage of
appropriate vacation ordinances, with each such vacation ordinance to be
considered on its own merits.
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION AUTHORIZING
Action: *~~/~
CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF
IOWA CITY, IOWA, BY AMENDING CHAPTER 8, ENTITLED "POLICE CITIZENS'
REVIEW BOARD," SPECIFICALLY, SECTIONS 8-8-2 AND 8-8-7, TO ELIMINATE
COMPLAINANT PARTICIPATION IN DUE PROCESS NAME-CLEARING HEARINGS.
(FIRST CONSIDERATION)
Comment: After review of the proposed PCRB standard operating procedures, the
City Attorney's Office has recommended a revision to the ordinance establishing
the Police Citizen's Review Board. The recommended amendment eliminates the
complainant as a participant in the name-clearing hearing required to be afforded
by constitutional due process when a proposed Board report is critical of the
officer's conduct. See City Attorney's Office memorandum of November 13,
1998.
Action:
December 1, 1998 City of Iowa City Page 8
ITEM NO. 9.
CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF
IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING
CHAPTER 3, SECTION 6B HEREIN TO CHANGE THE SPEED LIMIT ON US
HIGHWAY 6 FROM THE EAST CITY LIMIT TO A POINT 500 FEET WEST OF
HEINZ ROAD. (SECOND CONSIDERATION)
ITEM NO. 10.
Comment: The speed limit on the portion of US Highway 6 is currently 55 mph.
Staff recommends reducing the speed limit to 45 mph in this area. This is
consistent with the speed limit guidance in the City Code and is consistent with
a speed study that was performed in this area by Iowa Department of
Transportation. Because US Highway 6 is under the joint jurisdiction of Iowa
City and the Iowa DOT, the speed limit must be adopted jointly by the City of
Iowa City and the Iowa Transportation Commission.
CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF
IOWA CITY, IOWA, BY AMENDING SECTION 8-5-5, ENTITLED "KEEPING
DISORDERLY HOUSE," TO PROVIDE FOR POLICE INITIATED COMPLAINTS AND
TO PROVIDE FOR POLICE AUTHORITY TO RESTORE ORDER AND DISPERSE
PERSONS FROM VIOLATING PREMISES. (PASS AND ADOPT)
ITEM NO. 11.
IoO
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. Correspondence included in Council
CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE E
ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE,"
SECTION 4, ENTITLED "PRETREATMENT STANDARDS," OF THE CITY CODE
TO AMEND PLANT INFLUENT ZINC STANDARDS. (PASS AND ADOPT)
Comment: This ordinance will raise the influent limits for zinc at the North and
South Wastewater Treatment Plants. This change reflects the ability of the two
plants to remove zinc from the wastewater stream. The removed zinc will
become a component of the final sludge product. The zinc component of the
sludge will comply with EPA and IDNR requirements for land application of
wastewater sludges. Consideration deferred on November 17.
,5:,
December 1, 1998 City of Iowa City Page 9
ITEM NO. 12.
37~
CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE ARTISTS FOR THE DOWNTOWN PEDESTRIAN MALL
WATER FEATURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE SAME.
ITEM NO. 13.
ITEM NO. 14.
Comment: This resolution authorizes an agreement between the City and
Andrea Myklebust and Stanton Sears for the design, fabrication, and oversight
of installation of the new water feature for the downtown pedestrian mall called
"Weatherdance," The contract is for an amount not to exceed $70,000.
Action:
CONSIDER A RESOLUTION
MANAGEMENT PLAN.
APPROVING THE WINTER 1998/99 DEER
Comment: The Winter 1998/99 Deer Management Plan has received the
unanimous recommendation of the Iowa City/Coralville Deer Management
Committee and is in harmony with the long-term deer management plan
previously approved by the City Council. This plan will begin the process of
providing needed relief and protection for the environment, property owners, and
motorists in Iowa City. Correspondence included in Council packet.
CONSIDER AN ORDINANCE AMENDING SECTION 8-7-1, CITY CODE, TO
ALLOW THE DISCHARGE OF FIREARMS FOR DEER MANAGEMENT PURPOSES.
(FIRST CONSIDERATION)
Comment: The City intends to contract with the United States Department of
Agriculture ("USDA") for sharpshooting of deer this winter as part of the City's
deer management plan. This ordinance amendment will allow employees of the
USDA to discharge firearms within the City pursuant to this contract and the
City's deer management plan,
Action: ~ / 7~dx~,/
December 1, 1998 City of Iowa City Page 10
ITEM NO. 15.
ITEM NO. 16.
CONSIDER A RESOLUTION APPROVING THE SECTION 8 ADMINISTRATIVE
PLAN FOR THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAMS.
Comment: The Housing and Community Development Commission recommended
unanimously to approve the Section 8 Administrative Plan which includes the
following changes: denying Homeless preference for willful violation of
applicant's previous lease; providing re-exams every 90 days for families
reporting zero income; processing re-exams for families when an increase in
gross monthly income is greater than $100; limiting participants to one move per
twelve month period; enforcing tenant repayment agreements for money owed
the Housing Authority; and families may not reapply for housing assistance for
one year for violation of family obligations, abusive or violent behavior, fraud,
bribery or criminal act in connection with Section 8 Programs; and families may
not reapply for housing assistance for three years if family member, guest or
visitor committed drug or criminal activity.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY
CLERK ATTEST AMENDMENT NO. 5 TO THE AGREEMENT DATED OCTOBER
26, 1993, BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA,
AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR
IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION
FACILITIES.
Comment: This amendment to the 1993 agreement with Stanley Consultants
for wastewater facility design services provides for the design of solids
treatment facilities (digesters), and administration building and garage at the
South Wastewater Treatment Plant. When complete, these improvements will
provide for additional capacity to treat industrial waste, elimination of solids
treatment (and odor problems) at the North Plant, and improved laboratory
facilities. Total design costs are ~661,000. Total facility construction cost for
this design work and previous wastewater treatment design work is
$25,000,000.
Action:
December 1, 1998 City of Iowa City Page 11
ITEM NO. 17. COUNCIL APPOINTMENTS.
a. Board of Adjustment: Consider one appointment to fill a five-year term
ending January 1, 2004. (Term expires for William Haigh.) (2 females and 2
?~~b Board of Appeals: Consider one appointment to fill a five-year term ending
/ ~ ' December 31, 2003, for a mechanical professional.. (Term expires for John
~ c. Riverfront and Natural Areas Commission: Consider one appointment to fill a
three-year term ending December 31, 2001. (Term expires for Lori Goetsch.)
(3 females and 5 males currently serve on this Commission.)
ITEM NO. 18. PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
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.
City Council Meeting Schedule and
Tentative Work Session Agendas
November 24, 1998
I November 30
6:30p
I December 1
7:00p
I December 7
4:30p
I December 14
6:30p
I December 15
6:30p
7:00p
Monday
COUNCIL WORK SESSION
6:30p
6:45p
6:55p
7:10p
7:40p
7:55p
8:10p
8:40p
Review Zoning Matters
Review Agenda Items
Kirkwood Avenue Traffic Signals
CIP 2004/Beyond
Willow Creek Sewer Reroute
Riverside Theatre
Section 8 Administrative Plan
8:50p
Council Chambers
Appointments: Board of Adjustment (1), Board of Appeals (1),
Riverfront and Natural Areas Commission (1)
Council Agenda/Council Time
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
SPECIAL COUNCIL WORK SESSION
Joint Meeting with JC Board of Supervisors
Fringe Area
Monday
Council Chambers
COUNCIL WORK SESSION
Monday
Council Chambers
Tuesday
RECEPTION City Manager's Conference Room
Incoming and Outgoing Board and Commission Members
FORMAL COUNCIL MEETING Council Chambers
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Sidewalk Cafes Chutes and Vaults
U of I Pedestrian Bridge Over Hwy 6 Hickory Hill West
Goosetown Traffic Calming North Side Parking Meters
Water Project Update Benton Street Reconstruction
Airport Terminal