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HomeMy WebLinkAbout2000-10-03 Agenda Subject to change as t~nalized by the City Clerk. For a ~qnal o[t~cial copy, contact the City Clerk's Ot~qce, 356-S040. Iowa City City Council Agenda October 3, 2000 - 7:00 p.m. Civic Center 410 E. Washington Street r~7~/b.,~' ROLL GALL. ITEM NO. 2. SPECIAL PRESENTATION. a. Certificate of Achievement for Excellence in Financial Reporting (for Fiscal Year Ended June 30, 1999 [staff memorandum included] ~TEM NO. 3. MAVOR'S PRrOC~M~~OS'. ~J~f~,~ ~/~~ a. Breast Cancer Awareness Month - October ~ '~4-~-J~/ Mammography Day - October 20 b. Merete Nielsen Balsvig Day - October 4 c. Fire Prevention Week - Octobe~ , . ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CAL~ENAD~RAS~R AMENDED. a. Approval of Council Actions for Special Council meeting September 12, Special Council meeting September 18, and Regular Council meeting September 19, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Historic Preservation Commission - August 10 (2) Housing and Community Development Commission - June 15 Recommendation: Approve the MetroPlains Development (MDI Limited Partnership #65) Affordable Housing Funding Pool application for 9225,000 contingent upon receipt of 2000 Low Income Housing Tax Credits. (3) Iowa City Airport Commission - August 10 (4) Iowa City Human Rights Commission - August 22 Recommendation: Approve a revision in the Human Rights Ordinance, Section 2-3-2A to read as follows: "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, of any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." (5) Planning and Zoning Commission - September 7 October 3, 2000 City of Iowa City Page 2 (6) Police Citizens Review Board - September 12 Recommendation: Approve an amendment to PCRB Standard Operating Procedures, Section IV.E.7. to now read "Before the hearing, the Board shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses." (7) Iowa City Public Library Board of Trustees - August 24 (8) Senior Center Commission - August 15 c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Class C Liquor License for HMDS, Inc., dba Grizzly's Southside Pub & Grill , 1210 Highland Ct. (Renewal) (2) Outdoor Service Area for HMDS, Inc., dba Grizzly's Southside Pub & Grill, 1210 Highland Ct. (Renewal) (3) Class C Liquor License for Diamond Dave's Taco Company Leasing Corp., dba Diamond Dave's, 1604 Sycamore #330 Sycamore Mall. (Renewal) (4) Class C Beer Permit for Nordstrom Oil Co., dba Sunset Handimart, 1410 Willow Creek Dr. (Renewal) (5) Class C Beer Permit for Krishna, Inc., dba Mini Mart, 731 S. Riverside Dr. (Renewal) Oc>- :~.)(,, (6) Resolution to issue Dancing Permit for HMDS, Inc., dba Grizzly's Southside Pub & Grill, 1210 Highland Ct. (Renewal) (7) Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. (Renewal) d. Motions. (1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $11,341,566.38 FOR THE PERIOD OF APRIL I THROUGH APRIL 30, 2000, 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. Comment: The April disbursements have not been considered for approval prior to now. e. Setting Public Hearings. C>O- 3~? (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR OCTOBER 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This building is being constructed to better serve the Babe Ruth Baseball organization and the general public attending games at Mercer Park. It will be approximately 1700 square feet in size, and will include a concession area, restrooms, storage area and an officials/coaches room. The existing building will be remodeled and used strictly for maintenance purposes. Parks and Recreation staff has been working on this project with Babe Ruth Baseball representatives, who will be soliciting donated materials to help reduce the cost. October 3, 2000 City of Iowa City Page 3 f. Resolutions. 00" .~a~ (1) CONSIDER AC yRESCOI~ETRIOKN AUTHORIZING THE MAYOR TO SIGN AND THE IT TO ATTEST THE RELEASE OF LIENS REGARDING TWO REHABILITATION AGREEMENTS AND THREE PROMISSORY NOTES AND THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 1531 Plum Street received assistance through the City's Housing Rehab Program for the amount of $20,660. The financing was in the form of three conditional occupancy loans. The loans were paid off on September 15, 2000; thus the liens can now be released. oo-.~,~q (2) CONSIDER A RESOLITION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1664 DICKENSON LANE, IOWA CITY, IOWA. Comment: Hills Bank and Trust Company has requested that the City approve a Subordination Agreement for 1664 Dickenson Lane. On February 12, 1998 the owner (Greater Iowa City Housing Fellowship) of the property received a loan from the HOME Investment Partnership Fund and a Mortgage for a total of $61,400. Hills Bank and Trust Company is about to finance a new mortgage to the property owners for the amount of $92,250. The property is appraised at 9101,000 which provides enough equity to cover the City's second lien position. o~>- _~,O (3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT. Comment: In July, 1999 a contract was entered into with Peterson Contractors, Inc. of Reinbeck, Iowa to construct a new 10-foot wide trail from Benton Street through Willow Creek Park to Willow Creek Drive. The project also included widening sidewalks to eight feet along the west side of Mormon Trek Boulevard and the south side of Benton Street and reconstructing the trail between Teg Drive and Burry Drive, including changes to comply with accessibility regulations. Including initial reductions to the project and subsequent change orders, the contract amount was reduced from $324,884 to $308,660. All work covered by the contract has been completed, all required paperwork has been submitted, and all invoices have been paid other than a 5% retainage. ~(::> ~ ~Jl~ t (4) CONSIDER A RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FYO0. The Department of Housing and Urban Development (HUD) requires Housing Authorities to certify fiscal year performance data as a means of monitoring local activity. HUD will score the Iowa City Housing Authority (ICHA) based on indicators and will identify areas of concern or performance based on these indicators. October 3, 2000 City of Iowa City Page 4 g. Correspondence. (1) Eileen Fisher, Peter Wallace, Beth Ballinger (Clean Air for Everyone) - smoke- free restaurant ordinance (2) Shirley Westcott - smoking issue (3) Geoffrey Johnson - smoking in restaurant issue (4) William Baschnagel- "21 Law" (5) Gary Russell - street repair near Regina School [staff response included] (6) Scott Wright - pedestrian safety [staff response included] (7) Acting Traffic Engineering Planner: (a) Installation of NO PARKING HERE TO CORNER signs on the east side of the 900 block of Webster Street (b) Installation of STOP sign on Village Road at the intersection with Wellington Drive (c) Installation of STOP signs on Commerce Drive and Independence Road at the intersections with 420th Street (d) Installation of pavement markings on Ruppert Road at the intersection with Iowa Highway 1 (e) Installation of pavement markings and NO PARKING signs on Summit (;) '~ ,k~ ~e~%, _ with Kirkwood Avenue EN OF CONSENT CALENDAR. ¢~c~k~\ ~r~s~_ ~~ ITEM NO. 5. PUBLIC DISCUSSION (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. a. Consider a motion setting a public hearing for October 17 on an ordinance amending an approved OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. (REZO0-O0020) Comment: At its September 21 meeting, on a vote of 7-0, the Planning and Zoning Commission recommended approval of the revised OPDH-12 plan. Staff recommended approval in a report dated September 7. Action: October 3, 2000 City of Iowa City Page 5 b. Public hearing on an ordinance changing the zoning designation from Low Density Multi-Family Residential (RM-12) and Neighborhood Conservation Residential (RNC- 20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 1000 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 1 O0 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Street. Comment: At its August 17 meeting, by a vote of 1-5 with Hanson voting yes, the Planning and Zoning Commission recommended denial of rezoning the entire area to RS-8. The Commission voted 5-1, with Ehrhardt voting no, to recommend rezoning the 11 properties north of Washington Street and west of Muscatine Avenue from RM-12 to RS-8, and to rezone the remainder of the rezoning area from RNC-20 and RM-12 to Neighborhood Conservation Residential, RNC-12. The Commission's recommendation is consistent with staff's recommendation in a report dated August 3. Action: c. Public hearing on an ordinance amending the non-conforming use provisions of the Neighborhood Conservation Residential, RNC-12 zone, to make it clear any existing conforming multi-family use would continue to be conforming under the RNC-12 zone. Comment: At its August 17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a memo dated August 17. Action: d. Consider an ordinance conditionally amending the approved sensitive areas development plan for Lot 52 of Walden Hills, a 4.89 acre property located on the west side of Shannon Drive, south of Willow Creek. (REZOO-OOO5/SUBO0-O016) (Second Consideration) Comment: At its August 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amended sensitive areas development plan, subject to compliance with all applicable provisions of the 1997 conditional zoning agreement that apply to Lot 52 and the retention of evergreen trees planted along the Highway 218 frontage of the property as required by the 1997 sensitive areas development plan. Staff recommended approval subject to these conditions in a report dated July 6. October 3, 2000 City of Iowa City Page 6 e. Consider an ordinance designating the property located at 13 S. Linn Street as an Iowa City Historic Landmark. (REZ00-O019) (Second Consideration) Comment: At its August 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed landmark nomination. The Historic Preservation Commission recommended approval of the designation by a vote of 8-0 at its July 13 public hearing on this item. Staff recommended approval in a memo dated August 3. f. Consider a letter to the Johnson County Board of Supervisors recommending denial of a rezoning of 125.43 acres located within Fringe Area C east of Dane Road and west and south of the Lakeridge Mobile Home Park from County A1 Rural and RS Suburban Residential to County RMH Manufactured Housing Residential. (CZ0027) Comment: At its June 15 meeting by a vote of 6-0 the Planning and Zoning Commission recommended denial of this rezoning due to its non-compliance with the Fringe Area Agreement, the Iowa City Comprehensive Plan, and the Johnson County Land Use Plan. The Commission also recommended that if the Board entertains approval of this rezoning then the Board and City Council should meet to discuss merits of the proposal with relationship to the Fringe Area Agreement and the Future of the agreement. Staff recommended denial in a report dated June 9. Deferred on July 18, August 1, August 15, September 12, and September 19. /v, , I)0- 3~>d~ g. Consider a resolution approving the final plat of Windsor Ridge, Part Ten A, a Resubdivision of a Portion of Windsor Ridge, Part Ten, a 4.90 acre, 8-lot residential subdivision located on the west side of Huntington Drive, north of Barrington Road. (SUB00-00019) Comment: At its September 7 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the final plat. Staff recommended approval in a report dated September 7. ITEM NO. 7. PUBLIC HEARING ON A RESOLU~ AMENDING THE FY2001 OPERATING BUDGET. Comment: This resolution amends the FY2001 budget to carry over budget authority from FY2000 to FY2001 for capital improvement projects and other expenses that were either in process in FY2000 and not completed by FY2000 year end, or budgeted in FY2000 and delayed until FY2001. The City's policy is to amend the current budget at the beginning of each fiscal year for the continuation of projects from the prior fiscal year. Action: ,~ ~ October 3, 2000 City of Iowa City Page 7 ITEM NO. 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR C>D- ,"~.~ THE COMMERCIAL UNITS REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. Comment: The City of Iowa City's agreement with Lepic-Kroeger to market the Commercial Space in Tower Place and Parking expired September 29, 2000. Prior to the existing agreement, the City sold two spaces. To date, Lepic-Kroeger has sold two commercial spaces; leaving four spaces on the market. Currently they are in discussions with potential buyers for the remaining space. Staff recommends extending the listing agreement with Lepic-Kroeger for an additional twelve months. This extension will keep the property on the multiple listing service and make it available to other real estate firms. ITEM NO. 9. CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE C~)- ,,~ MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OLD CAPITOL MALL ASSOCIATES, L.P. FOR A GROUND LEASE FOR THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. Comment: This project involves construction of a Transit Information Center on the south side of the Downtown Transit Interchange on Washington Street between Capitol Street and Clinton Street. The Transit Information Center will provide route and schedule information and a pass sales outlet, and an office area and restrooms for transit staff. The ground lease provides for a 40-year lease for said facility. Action: ~ ~ ~/~J~57' ? ~ ITEM NO. 10. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE DO-~ MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT. The bid opening for this project was held on September 19, 2000, at 10:00 a.m. The following bids were received: Streb Construction Co., Inc. Iowa City, IA $201,393.10 All American Concrete, Inc. West Liberty, IA $209,312.00 Engineer's Estimate $210,000.00 Parking and Transit recommends award of the contract to Streb Construction, Inc. of Iowa City, Iowa in the amount of ~201,393.10. This project will be funded by Road Use taxes for pavement repairs and the remainder by 80% Federal Transit funds and 20% local matching funds. Deferred on September 19. October 3, 2000 City of Iowa City / Page 8 ITEM NO. 11. CONSIDER A RESOLUTION AWARDING CONTRAC'T AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT. Comment: The bid opening for th!sproject will be held on October 3, 2000 at 10:30 a.m. Bids will then be evaluated and a recommendation will be made to Council at their meeting on the 3rd." Engineer's Estimate ~ 1,527,550.00 The projeCt.Will be funded by General Obligation bonds, Road Use taxes, and water revenue~~ Deferred on September 19. ~On: ,-~ ,, , / ~ ITEM NO. 12. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 2, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES," SECTION 2-3-2, ENTITLED PUBLIC ACCOMMODATION; EXCEPTIONS:" (~-f'~ Comment: Upon the recommendation of the Iowa City Human Rights Commission, this ordinance amends the Public Accommodation Section of the City Code, §2-3-2A, to include a statement that this section does not apply to discounts for services or accommodations based on age. The Commission believes a change is necessary because discounts based on age e.g. senior citizen discounts, can possibly be considered a violation of the law as it currently stands. The recommended change is included in the Cedar Rapids' Civil Rights Ordinance. ITEM NO. ~j-~ PUBLIC DISCUSSION [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM NO../1"4./(; COUNCIL APPOINTMENTS. a. Animal Control Advisory Board - One vacancy to fill an unexpired term in addition to a three-year term ending April 5, 2004. (Ursala Delworth passed away.) (1 male and 3 females currently serve.) I (1) Solid Waste Advisory Commission - Two vacancies to fill three-year terms ending October 1, 2003, one vacancy to fill a two-year term ending October 1, 2002; and three vacancies to fill one-year terms ending October 1, 2001. (1 female and 0 males currently serve.) City of Iowa City MEMORANDUM TO:City Council - FROM: Engineering Division DATE: October 3, 2000 RE: AGENDA ITEM #11 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT. COMMENT: The bid opening for this project was be held on October 3, 2000 at 10:30 a.m. The following bids; were received: Streb Construction Co., Inc. Iowa City, IA $1,149,917.80 Peterson Contractors Inc. Reinbeck, IA $1,169,819.40 Metro Pavers, Inc. Iowa City, IA $1,176,776.90 Delong-Keith Construction, Inc. Washington, IA $1,258,963.24 Van Hauen &Associates, Inc. Clive, IA $1,452,266.29 City Wide Construction Corp. Cedar Rapids, IA $1,485,080.22 Engineer's Estimate $1,527,550.00 Public Works and Engineering recommend award of the project to Streb Construction Co., Inc. of Iowa City, Iowa. The project will be funded by General Obligation bonds, Road Use taxes, and water revenues. City of Iowa City MEMORANDUM Date: October 2, 2000 To: Madan Karr, City Clerk ~ From: Eleanor M. Dilkes, City Attorney~~L~'~ Re: Additions to October 3, 2000 City Council Agenda Item No. /~ RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY DECREASING THE o0 ~ J~ '~ POSITION OF CITY ATTORNEY FROM 1 FTE TO .6 FTE AND INCREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.5 FTE TO 3 FTE Comment: The City Attorney has requested that the City Council reduce her time to 60% and use the corresponding reduction in her salary to Item No. / RESOLUTION PE ION oa- 5~ FOR FISCAL YEAR 2001 FOR THE CITY A~ORNEY AT 60% TIME. Comment: If the City Council approves the redu~ion in the City A~orney's time by 40%, this resolution will make a corresponding reduction of 40% in the City Afiorney's sala~ from $84,011.20 to $50,406.72. October 3, 2000 City of Iowa City Page 9 (2) Housing and Community Development Commission - Two vacancies to fill three-year terms ending September 1, 2003. (Terms expire for Bob EIIliott and Jayne Moraski.) (5 females and 2 males currently serve.) (3) Civil Service Commission - One vacancy to fill an unexpired term ending April 2, 2001. (Susan Dulek resigned.) (1 male and 1 female currently serve.) (4) Historic Preservation Commission - One vacancy to fill an unexpired term representing the College Green Historic District ending March 29, 2003. (Pamela Michaud resigned.) (5 males and 4 females currently serve.) Appointments will be made October 17. TEM NO.C TY COUNCIL NFORMAT ON. ITEM NO. ~/'~ REPORT ON ITEMS FROM CITY STAFF. a. City Attorney. b. City Clerk. c. City Manager. ITEM NO,/lj',.~"; ADJOURNMENT, ""c~ ' City Council Meeting Schedule and s..t.mb.r 2., 2000 '~";;~ Tentative Work Session Agendas October 2 Monday 6:30p SPECIAL COUNCIL FORMAL MEETING Council Chambers Executive Session - Personnel COUNCIL WORK SESSION Council Chambers Review Zoning Items Review Agenda Items Appointment: Animal Control Advisory Board (1) Sioux Avenue Nutrition Board Parking Request Alcohol Issues Smoke-Free Restaurants Collective Bargaining Process Council Time I October 3 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers I October 16 Monday 6:30p COUNCIL WORK SESSION Council Chambers I October 17 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers I November 6 Monday 6:30p COUNCIL WORK SESSION Council Chambers I November 7 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Kirkwood Avenue Signalization Sidewalk Cafes Campaign Contributions