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Home My WebLink About1999-10-12 AgendaSubject to change as t~nalized by the City Clerk. For a t~nal oft~cial copy, contact the City Clerl~'s O~ce, 356-5040. Iowa City City Council Agenda October 12, 1999 - 7:00 p.m. Civic Center 410 E. Washington Street www.jeonet.com/city/ic_papers.htm ITEM NO. 1. CALL TO ORDER. ROLL CALL. ITEM NO. 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Roosevelt Elementary. a. 1998-1999 Student Council ITEM NO. 3. MAYOR'S PROCLAMATIONS. /_,//~ ~ ~ ~ /L,. a. Breast Cancer Awareness Month - October ~y~~ ~ ~"' Mammography Day - October 15 ~ . Teen Read Week - October 17-23 (Correspondence included.) United Nations Day - October 24 ~ Clerk. b. Minutes of Boards and Commissions. (1) Iowa City Board of Appeals - August 5 (2) Historic Preservation Commission - August 2 (3) Historic Preservation Commission - August 31 (4) Historic Preservation Commission - September 9 Permit Motions and Resolutions as Recommended by the City Clerk. (1) Class C Liquor License for Hilltop Lounge, Inc., dba Hilltop Tavern, 1100 N. Dodge St. (Renewal) (2) Class C Liquor License for La Casa, Ltd., dba La Casa, 1200 S. Gilbert Ct. (Renewal) (3) Class C Beer Permit for Nash-Finch Company dba Econofoods #473, 1987 Broadway St. (Renewal) (4) Class B Wine Permit for Nash-Finch Company dba Econofoods #473, 1987 Broadway St. (Renewal) (5) Class C Beer Permit for QuikTrip Corporation dba QuikTrip #548, 955 Mormon Trek Blvd. (Renewal) October 12, 1999 City of Iowa City Page 2 (6) Class B Wine Permit for QuikTrip Corporation dba Mormon Trek Blvd. (Renewal) (7) Class B Beer Permit for Landis Management, Inc., Sturgis Dr. (Renewal) d. Setting Public Hearings. QuikTrip #548, 955 dba Duds 'n Suds, 5 (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR OCTOBER 19 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER WATER FACILITY IMPROVEMENTS, DIVISION 1: WATER TREATMENT PLANT, DIVISION 2: WELL HOUSES, 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 includes the construction of the new water treatment plant on North Dubuque Street and the construction of the upper terminus of the four collector wells and the sand pit pump station. This construction project will complete the water facility work at the new water treatment plant site and the peninsula site. In addition, this project will complete the source water component and the water treatment component of the Water Facility Improvements. e. Resolutions. qg-,S'q-q (1) CONSIDER A RESOLUTION AND THE CITY CLERK LIEN REGARDING A LOCATED AT 43 WEST AUTHORIZING THE MAYOR TO SIGN TO ATTEST THE RELEASE OF A MORTGAGE FOR THE PROPERTY SIDE DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 43 West Side Drive received assistance through the City's Down Payment Assistance Program for the amount of $3,000 on August 13, 1997. The financing was in the form of a conditional occupancy loan. The loan was paid off on September 24, 1999; thus the lien can now be released. 35'O (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO RENTAL REHABILITATION LIENS AND A FINANCING STATEMENT (UCC4) FOR THE PROPERTY LOCATED AT 210 ~ SOUTH CLINTON STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 21 0~ South Clinton Street received assistance through the City's Rental Rehabilitation Program for $17,000 on September 9, 1988, and for $6,800 on April 6, 1989, for a total of $23,800. The financing was in the form of ten-year depreciation loans. The balance of the loans is less than $1 ,000 and is being forgiven due to a catastrophic event; thus the liens can now be released. October 12, 1999 City of Iowa City Page 3 (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN AND THREE FINANCING STATEMENTS (UCC4) FOR THE PROPERTY LOCATED AT 212~ SOUTH CLINTON STREET, IOWA CITY, IOWA. ITEM NO. 5. Comment: The owners of the property located at 212~ South Clinton Street received assistance through the City's Rental Rehabilitation Program for 921,700 on April 6, 1989. The financing was in the form of ten-year depreciation loan. The balance of the loan is less than 91 ,000 and is being forgiven due to a catastrophic event; thus the lien can now be released. f. Correspondence. (1) Mark Hollingsworth - signs (2) Ellen Sweet - native plants ["Backyard Conservation" brochure available in Clerk's Office] (3) JCCOG Traffic Engineering Planner: (a) No Parking Anytime on the East Side of Linden Court EN~ CONSENT CALENDAR. CUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Public Discussion will be continued, if necessary, prior to "City Council Information" item. ITEM NO. 6. PLANNING AND ZONING MATTERS. Consider an ordinance amending Title 14, Chapter 6, Zoning, to amend the provisions relating to home occupations. (First consideration) Comment: At its August 19 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed home occupation amendments. Staff recommended approval in a memorandum dated August 9. October 12, 1999 City of Iowa City Page 4 Consider an ordinance amending Title 14, Chapter 6, Zoning, to allow public utilities in commercial and industrial zones. (First consideration) Comment: At its September 2 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed amendments related to public utilities. Staff recommended approval in a memorandum dated August 27. ITEM NO. 7. c. Consider an ordinance conditionally changing the zoning designation from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8), and approving a preliminary Planned Development Housing Overlay plan for 24 townhouse-style dwelling units for approximately 7.72 acres located at the northeast corner of Barrington Road and Huntington Drive. (REZ99-0007) (Pass and adopt) ( [L)~ nOb<or ~&~z ~,d' i2 ~ Comment: At its July 15 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed rezoning and preliminary development plan, subject to conditions. Staff recommended approval in a report dated May 20. A summary of the revisions to the plan was contained in a staff memorandum dated August 18. Action: ~~2:<:~'~ /2::2o/a_/ THE CITY'S INT;~WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE IOWA AVENUE STREETSCAPE IMPROVEMENTS PROJECT. Comment: This project will include reconstruction of the 100, 200 and 300 blocks of Iowa Avenue to incorporate wider sidewalks and various streetscape improvements as well as reconfiguration of the roadway and parking. This project will also include reconstruction of a portion of the Beer Creek storm sewer. Public Hearing Consider a Resolution Declaring October 1 ITEM NO. 8. 2, 1999 City of Iowa City CONSIDER A RESOLUU~G~ED COMMERCIAL URBAN REVITALIZATION PLAN FOR AN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA Page 5 NEAR SOUTHSIDE EXISTING URBAN ITEM NO. 9. Comment: The proposed amendments to the Near Southside Commercial Urban Revitalization Plan would make the property tax exemption eligibility requirements in the Near Southside Urban Revitalization Area consistent with those of the proposed Central Business District Urban Revitalization Plan and Area. See September 14, 1999, Formal Agenda, Item #3e(1) for support documentation. Action: CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL," TO CHANGE THE COMPENSATION FOR CITY COUNCIL MEMBERS TO COMPLY WITH THE POLICY ESTABLISHED BY ORDINANCE 97-3804. (FIRST CONSIDERATION) ITEM NO. 10. Comment: This ordinance adjusts Council salaries based on the cumulative annual percent change in the Consumer Price Index as outlined in ordinance 97-3804 passed by the City Council September 9, 1997. Effective January 1, 2000, salaries for Council Members will increase to $5,694.78. The Mayor will be compensated an additional $1,000. CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ARTICLE B ENTITLED "PROJECT SPECIFIC TAP-ON FEES" TO REQUIRE PUBLIC NOTICE IN ACCORDANCE WITH IOWA CODE SECTION 384.38(3) AND TO ELIMINATE THE REQUIREMENT THAT NOTICE OF THE PUBLIC HEARING BE SENT BY ORDINARY MAIL TO OWNERS OF RECORD OF REAL PROPERTY WITHIN THE BENEFITED AREA. (SECOND CONSIDERATION) Comment: The last amendment to the City's project-specific tap-on fee ordinance was made without the benefit of Iowa Code Section 384.38(3) which specifically authorizes such tap-on fees and does not require that notice of the public hearing be sent by ordinary mail to owners of record of real property within the benefited area. The requirement of mailed notice is difficult in that by the time all costs can be determined with accuracy such that the project-specific tap-on fee ordinance can be put in place, some tap-on fees have typically been paid in connection with the subdivision process. In addition, there are some benefited properties which are exempt from the requirements of the tap-on fee ordinance by virtue of having been previously served by the utility constructed. The current ordinance requires that all property owners in the subject area be notified, whether exempt, subject to the ordinance but paid, or unpaid. Determining the property owners and administratively prohibitive, as recognized by the Iowa Section 384.38(3). Action: their payment status is Legislature's passage of October 12, 1999 City of Iowa City Page 6 ITEM NO. 11. ITEM NO. 12. ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE, CHAPTER 6, ENTITLED "PERSONS UNDER EIGHTEEN YEARS OF AGE," SECTION 1, ENTITLED "SALE TO AND/OR POSSESSION OF TOBACCO PRODUCTS AND CIGARETTES: UNDERAGE PERSONS," SUBSECTION B, "EMPLOYEE EDUCATION CIGARETTE SALES," TO ELIMINATE THE REQUIREMENT THAT EMPLOYEES SIGN AN AFFIDAVIT AND ADD A REQUIREMENT THAT BUSINESS/RETAILERS ENSURE THAT THEIR EMPLOYEES ARE EDUCATED ABOUT THE PROHIBITION ON SALES TO MINORS. (SECOND CONSIDERATION) Comment: At the request of Council this section has been modified to require employee education by the business owner and omit the requirement for employee affidavits to be notarized and filed each year and kept on business premises. Staff recommends expedited consideration. ~,~~~/~ ~ CONSIDER AN ORDINANCE AMENDING TITLE 2~2~OF T~ CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY EQUIVALENT TO THE FAIR HOUSING AMENDMENTS ACT OF 1989. (PASS AND ADOPT) Comment: In order to obtain funding from the United States Department of Housing and Urban Development (HUD) designed to facilitate investigation of housing discrimination claims, and to investigate claims of housing discrimination in Iowa City, it is necessary that the Iowa City Human Rights Ordinance (ICHRO) be certified by HUD to be substantially equivalent to the Fair Housing Amendments Act of 1989 (FHAA). By Ordinance No. 97-3785 the City of Iowa City amended the ICHRO in an effort to make it substantially equivalent to the FHAA. HUD has subsequently determined that additional minor changes are necessary in order to obtain substantial equivalency. These changes are made by this ordinance. CONSIDER A RESOLUTION PROVIDING FOR COOPERATION WITH OTHER GOVERNMENTAL UNITS IN THE CREATION AND OPERATION OF THE SERVICE DELIVERY AREA 10 CONSORTIUM AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT ESTABLISHING A REGION 10 CHIEF ELECTED OFFICIAL BOARD AND ADOPTING AN INTERGOVERNMENTAL COOPERATION AGREEMENT OF SUCH BOARD. Comment: Pursuant to the Work Force Investment Act of 1998, the cities of Cedar Rapids, Coralville, Marion and Iowa City and the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn and Washington desire to participate in and be members of Work Force Investment Region 10, as designated by the Governor of Iowa. This resolution authorizes the City of Iowa City to participate in and be a member of Work Force Investment Region 10 as designated by the Governor, and authorizes the execution of articles of agreement for the Region 10 Chief Elected Official Consortium Work Force Investment Act Board. October 12, 1999 City of Iowa City Page 7 ITEM NO. 14. ITEM NO. 15. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELEANOR M. DILKES, CITY ATTORNEY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO ATTEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MARlAN K. KARR, CITY CLERK. Comment: The employment agreements merely formalize the arrangement between the City and the City Clerk and the City and the City Attorney. There are no changes to the compensation as determined by the Council in July 1999. Action: PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM NO. 16. ITEM NO. 17. COUNCIL APPOINTMENTS. ae term ending September 1, 2000. (Dan Mascal resigned.) currently serve on this Commission.) Riverfront and Natural Areas Commission - One appointment to fill an unexpired (6 males and 3 females ANNOUNCEMENT OF VACANCIES. a. Previously-Announced. (1) Public Art Advisory Committee - One vacancy to fill an unexpired term in addition to a three-year tern ending January 1, 2003. (Keyin Hanick resigned.) (3 males and 3 females currently serve.) Appointment will be made October 19. b. Current Vacancies. (1) Board of Appeals - One vacancy to fill a five-year term for a Building Design Professional ending December 31, 2004. (Term expires for Robert Carlson.) (5 males and 1 female currently serve.) (2) Senior Center Commission - Two vacancies to fill three-year terms ending December 31, 2002. (Terms expire for Bebe Ballantyne and Terri Miller Chait.) (3 males and 3 females currently serve.) (3) Board of Adjustment - One vacancy to fill a five-year term ending January 1, 2005. (Term expires for Susan Bender.) (3 males and 1 female currently seFve.) (4) Human Rights Commission - Three vacancies to fill three-year terms ending January 1, 2003. (Terms expire for Jan Warren, Charles Major, and Mettie Thomopulos.) (1 male and 5 females currently serve.) October 12, 1999 City of Iowa City Page 8 ITEM NO. 18. (5) (4 males and 3 females currently serve.) Appointments will be made November 23. CITY COUN~~ ~ Parks and Recreation Commission - Two vacancies to fill four-year terms ending January 1, 2004. (Terms expire for Ross Wilburn and Allen Stroh.) ITEM NO. 19. ITEM NO. 20. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ADJOURNMENT. B October 11 6:30p City Council Meeting Schedule and Tentative Work Session Agendas October 8, 1999 Monday SPECIAL COUNCIL WORK SESSION Council Chambers 6:30p 6:40p 6:50p 7:20p 7:25p Review Zoning Items Review Agenda Items Iowa Avenue Streetscape Appointment: Riverfront and Natural Areas Commission (1) Council Time I October 12 7:00p SPECIAL FORMAL COUNCIL MEETING Tuesday Council Chambers I October 18 6:30p COUNCIL WORK SESSION Monday Council Chambers I October 19 7:00p FORMAL COUNCIL MEETING Tuesday Council Chambers I October 21 6:30p SPECIAL COUNCIL WORK SESSION - Joint Meeting Cities of Coralville and North Liberty, School Board, Johnson County Board of Supervisors Thursday Cora/ville I November 8 6:30p SPECIAL COUNCIL WORK SESSION Monday Council Chambers I November 9 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Council Chambers Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Hickory Hill West Council Goals Commercial Use of Sidewalks Newspaper Vending Machines Y2K Update Transit Interchange Communication Towers Liquor Licenses Kirkwood Signalization