HomeMy WebLinkAbout2000-10-17 Agenda Subject to change as t~nalized by the City Clerk.
For a t~nal oft~cial copy, contact the City Clerk's Oft~ce, 3~6-~040.
Iowa City
City Council Agenda ----
October 17, 2000 - 7:00 p.m.
Civic Center
410 E. Washington Street
~.iowa-city. org ~~
ITEM NO. 1. CALL TO ORDER. ~
ROLL CALL.
ITEM NO. 2. OUTSTANDING STUDENT CITIZEN AWARDS - Grant Wood Elementary
a. Sarah Anciaux
b. Ben Mulenbruch
c. Alyse Riley
d. Ben Rocca
ITEM NO. 3. MAYOR'S PROCLAMATIONS. . ~
a. Community and Regional Planning Day - November 8 ~
b. Change Your Clock, Change Your Battery Day- October 29 ~/' ~/
ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of Council Actions for Special Council of October 2, and Regular
Council meeting of October 3, as published, subject to corrections, as
recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Iowa City Board of Appeals - August 15
(2) Iowa City Human Rights Commission - August 22
· Recommendation to Council: Revise 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."
(3) Iowa City Human Rights Commission - September 26
(4) Iowa City Public Art Committee - September 7
· Recommendation to Council: Article III. Membership, Section I.
Qualifications be amended to establish nine (9) members for the
Committee, with at least three (3) art or design professionals being
appointed by the City Council. (referred to Rules Committee)
(5) Iowa City Public Art Committee - September 28
October 17, 2000 City of Iowa City Page 2
(6) Iowa City Public Art Committee - October 2
· Recommendation to Council: That Christop Spath be commissioned
to provide Solar Marker II and a very close variation of Balance for
the north pads. That Jazz be commissioned for the west pad. That
The Ties that Bind be commissioned for the east pad.
(7) Iowa City Telecommunications Commission - July 24
· Recommendation to Council: Approve the name change of the
Government Channel to the City Channel.
(8) Parks and Recreation Commission - September 6
(9) Planning and Zoning Commission - September 21
(10) Planning and Zoning Commission - October 5
(11 ) Police Citizens Review Board - September 26
· Recommendation to Council: Receive PCRB Public Report #00-02.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1)Class B Beer Permit for Landis Management, Inc., dba Duds n Suds, 5
Sturgis Drive. (Renewal)
(2)Class C Beer Permit for Inland Transport Company, dba Kirkwood
Hawkeye Convenience Store, 300 Kirkwood Ave. (Renewal)
(3)Class C Liquor License for La Casa, Ltd., dba La Casa, Ltd., 1200 S.
Gilbert Ct. (Renewal)
(4)Class C Beer Permit for DeliMart, Corp., dba DeliMart #1,525 Hwy 1
West. (Renewal)
(5)Class C Liquor License for Yelder Enterprises, Inc., dba Que Bar, 211
Iowa Ave. (Renewal)
(6)Refund an unused portion of a Class C Liquor License for Hilltop
Tavern, Ltd., dba Mabel's Bardello & Eatery, 1576 S. First Avenue.
OO - ~j~. (7) Resolution to issue Dance Permit for Yelder Enterprises, Inc., dba Que
Bar, 211 Iowa Ave. (Renewal)
d. Setting Public Hearings.
OLO - ~-0 (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
NOVEMBER 7 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WASHINGTON STREET TRANSIT INTERCHANGE PROJECT,
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 building is being constructed to provide a downtown
information and pass sales area to better serve transit riders, a passenger
waiting area, and restrooms and a break area for transit drivers. It will be
approximately 600 square feet in size.
e. Resolutions.
oO- ~5~! (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 721 7TM AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 721 7th Avenue received
assistance through the City's Housing Rehab Program for the amount of
$2,842. The financing was in the form of a no interest payback loan.
The loan was paid off on October 3, 2000; thus the lien can now be
released.
October 17, 2000 City of Iowa City Page 3
o O ~ .'~/-3 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF
LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY
LOCATED AT 1928 H STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 1928 H Street received
assistance through the City's Housing Rehabilitation Program for the
amount of $7,664. The financing was in the form of a declining balance
loan and a conditional occupancy loan with a one time 5% interest fee.
The loans were paid off on October 10, 2000; thus the lien can now be
released.
oO-- ~H'IJ (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE
EASEMENT AGREEMENT FOR PROPERTY WITHIN WINDSOR
RIDGE PART TEN, IOWA CITY, IOWA.
Comment: During the development of Windsor Ridge Part Ten, grading
within the development was changed in the field such that an additional
area of drainage easement is required to track the actual installation of
the drainage utility. This Resolution authorizes the execution of a
Drainage Easement Agreement to include an additional easement area
to accurately track installation of the drainage utility.
O O- .~ur,-~ (4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
DODGE STREET BRIDGE WATER MAIN PROJECT.
Comment: See Engineer's report.
f. Correspondence.
(1) Citizens for Common Sense Growth - First Avenue extension [Mayor
response included]
(2) Sally Stutsman (JC Board of Supervisors) - Fringe Area Agreement
(3) Members of the Broadway Improvement Group - Highway 6
(4) Jean Schnake - pedestrian safety
(5) Darlene Clausen - 510 and 512 E. Bloomington Street
(6) Mary Greet - vote to ban smoking
(7) Robert Dostal - smoking in restaurants
(8) John Calvin Jones - alcohol price controls are not constitutional
(9) United Way Agency and Community Needs Committee - Joint Human
Services Funding Hearings Orientation
(10) Carol DeProsse - SWAT teams
(11 ) Acting Traffic Engineering Planner:
(a) Installation of a NO PARKING HERE TO CORNER sign on Evans
Street at the intersection with Market Street
(b) Installation of special regulatory signs on Laura Drive near Forest
View Trailer Court
END OF CONSENT CALENDAR.
October 17, 2000 City of Iowa City Page 4
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. Public hearing 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. (REZ00-00020)~.~
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: .J~ _ ,.~'~'
b. An ordinance changing the zoning designation from Low Density Multi-Famil
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 100 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. Correspondence included
in Council packet.
(1) Public Hearing (continued from October 3)
* Council may vote affirmatively on only one of the two ordinances
presented.
(2)Consider an ordinance to rezone the entire rezoning area to RS-8, as
originally requested by the applicant. (First Consideration)
(3) Consider an ordinance to rezone 11 properties to RS-8 and 32
prope~ies to RNC-12, as recommended by staff and the Planning and
Zoning Commission. (First Consideration)
October 17, 2000 City of Iowa City Page 5
c. Consider 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. (First Consideration)
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.
d. Consider an ordinance conditionally amending the approved sensitive areas
~ ~ _ .~Ct, L~?,] 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. (REZ00-0005/SUB00-
0016) (Pass and Adopt)
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.
oO- ~ H' ~ e. Consider a resolution approving a prelimina~ plat for the Resubdivision of Lot
52, Walden Hills, a 4.89 acre, 19-1ot residential subdivision located on the
west side of Shannon Drive south of Willow Creek. (SUB00-00016)
Comment: See above.
Action: /J~}~~ / [~,~~
~O- ~JH-"~ f. Consider a resolution approving a final plat for the Resubdivision of Lot 52,
Walden Hills, a 4.89 acre, 19-1ot residential subdivision located on the west
side of Shannon Drive south of Willow Creek. (SUB00-00018)
Comment: At its September 7 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the final plat subject to
approval of legal papers and construction draws. Legal papers and
construction drawings have been appr0ved. Staff recommended approval in a
report dated September 7.
October 17, 2000 City of Iowa City Page 6
g. Consider an ordinance designating the property located at 13 S. Linn Street as
an Iowa City Historic Landmark. (REZ00-0019) (Pass and Adopt)
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.
8 ~esubdMs~on o[ Po~o~s o[ Sou~ Polite Adffitio~, Ps~s 2 ~d ~, ~ 8.08
8cre, 2S-]o~ residentS8] subdMsio~ located at
Comment: At its August ~ ~eeti~, by 8 vote or ~-0, ~he P]~n~ ~d Zo~
Co~miss~o~ recommended ~pprov~] o[ t~e fi~] p]m, subject to t~e ~pprov~]
o~ ]e~] p~pers ~d co~structio~
fi~8] p~m. St~ recommended 8pprova] ~ a r~po~ dined August S.
oO- ~ i. Consider a resolution approving the prelimina~ plat of Westcott Heights, Pa~
Three, a 102,6 acre, 53-1ot residential subdivision located in Johnson County
on the west side of Prairie Du Chien Road, south of Newport Road. (SUB00-
00022)
Comment: At its October 5 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of the prelimina~ plat. Staff
recommended approval in a repod dated October 5.
j. 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 ente~ains 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, September 19, October 3.
Action:
October 17, 2000 City of Iowa City Page 7
k. Consider a letter to the Johnson County Board of Supervisors finding that the
rezoning of 34.79 acres located within Fringe Area A on the south side of
Rapid Creek Road, east of Highway 1 North, from County A1, Rural, to County
RS-5, Suburban Residential, is consistent with the Iowa City/Johnson County
Fringe Area Agreement. (CZ0033)
Comment: At its October 5 meeting by a vote of 7-0, the Planning and Zoning
Commission recommended the City Council send a letter to the Johnson
County Board of Supervisors stating that the proposed rezoning is consistent
with the Iowa City/Johnson County Fringe Area Agreement as recommended
in a September 29 staff memorandum.
ITEM NO. 7. PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND
RESTROOM FACILITY, 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 building is approximately 1700 square feet in size, and will be
constructed in the center of the baseball/softball complex. It will include a
concession area, restrooms, storage area and an officials/coaches room. The
primary user group will be the Babe Ruth organization; the old building will be
remodeled and utilized for maintenance purposes. Estimated cost of construction
is $200,000, and will be paid by G.O. bonds and donations generated by Babe
Ruth Baseball.
a. PUBLIC HEARING
Action:
CO - _~E~O b. CONSIDER A RESOLUTION APPROVING
Action:
October 17, 2000 City of Iowa City Page 8
ITEM NO. 8. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 2, ENTITLED
"HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY
PRACTICES," SECTION 2-3-2, ENTITLED PUBLIC ACCOMMODATION;
EXCEPTIONS" TO EXEMPT DISCOUNTS FOR SERVICES OR
ACCOMMODATIONS BASED UPON AGE FROM THE PROHIBITION ON
DISCRIMINATION IN PUBLIC ACCOMMODATIONS (SECOND
CONSIDERATION)
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. 9. CONSIDER A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
o~' ~JS) AGREEMENTS FOR USE OF INTELLECTUAL PROPERTY RIGHTS ON
PUBLIC ART PROJECTS.
Comment: With the Iowa Avenue Literary Walk, the widow of one author has
conditioned the use of a quotation of her late husband on approval of the visual
representation, approval of any promotion of the literary walk using the Wilson
quotation and indemnity for claims arising from the City's use of the quotation.
This resolution will permit the City Manager, after consultation with the City
Attorney and Risk Manager, to execute such agreements during implementation of
the Public Art program.
· '~.~ -,
ITEM NO. 10. CONSIDER A RESOLUTION AFFIRMING THE SELECTION OF ARTISTS AND
oc>-~,.~,,~ SCULPTURES FOR FOUR OF THE DOWNTOWN PEDESTRIAN MALL
SCULPTURE PADS·
Comment: At their October 2, 2000, meeting, the Public A~ Adviso~ Committee
recommended approval of the selection of three a~ists and their sculptures for
four of the sculpture pads in the Pedestrian Mall by a 5-0 vote on the North and
West pads and by a 3-2 (Purington and Hudson) vote on the East pad.
- ,
October 17, 2000 City of Iowa City Page 9
ITEM NO. 11. CONSIDER A RESOLUTION AMENDING THE FY2001 OPERATING BUDGET.
~O-'I~.~''1) 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. The FY01 Budget Amendment document
was included in Council's September 21 packet.
ITEM NO. 12. CONSIDER A RESOLUTION APPROVING THE TEMPORARY AND
.~ ~ ~' PERMANENT EASEMENTS FOR THE KESWICK DRIVE REPAIR PROJECT.
Comment: This Resolution will approve the easements necessa~ to conduct
repair work to the existing sanita~ sewer line on Keswick Drive. The action is
necessa~ to prevent future backflow problems in neighboring prope~ies. The
easements have been approved and signed by the property owners.
ITEM NO. 13. CONSIDER A RESOLUTION TO ADOPT AMENDED STANDARD OPE~TING
PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS
REVIEW BOARD BY AMENDING SECTION IV.E.7 RELATING TO NAME
CLEARING HEARINGS AND REPEALING RESOLUTIONS 99-17 AND 99-103.
Comment: At the request of the Police Chief, the Police Citizens Review Board
considered a change to their Standard Operating Procedures to advise the officer
of the subject matter of a name clearing hearing. At their September 12 meeting,
the Board recommended amending the Procedures to allow such notice.
ITEM NO. 15. COUNCIL APPOINTMENTS.
a. Civil Service Commission - One appointment to fill an unexpired term
ending April 2, 2001. (Susan Dulek resigned.) (1 male and 1 female currently
b. Historic Preservation mission - One appointments 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.)
c. Housing and Community Development Commission - Two appointments
to fill three-year terms ending September 1, 2003. (Terms expire for Bob
EIIliott and Jayne Moraski.) (5 females and 2 males currently serve.)
October 17, 2000 City of Iowa City Page 10
d. Solid Waste Advisory Commission - Two appointments to fill three-year
terms ending October 1, 2003, one appointment to fill a two-year term ending
October 1,2002; and three appointments to fill one-year terms ending October
1,2001. (1 female and 0 males currently serve.)
ITEM NO. 16. ANNOUNCEMENT OF VACANCIES.
a, Current vacancies.
(1) Board of Adjustment - One vacancy for a five-year term ending
January 1, 2006 (term expires for Lowell Brandt.) (3 males and 1
female currently serve.)
(2) Board of Appeals - One vacancy for a five-year term for a Licensed
Electrician ending December 31, 2005 (term expires for C. Wayne
Maas), (1 female and 5 males currently serve.)
(3) Human Rights Commission - One vacancy for an unexpired term
ending January 1, 2002 (Janice Simmons-Welburn resigned) and three
vacancies for three-year terms ending January 1,2004 (terms expire for
Mary Larew, Joan Jehle, and Rick Spooner). (4 females and 1 male
currently serve.) Correspondence included in Council packet.
(4) Parks and Recreation Commission - Two vacancies for four-year
terms ending January 1, 2005 (terms expire for Matthew Pacha and
Carol Casey). (5 males and 2 females currently serve.)
(5) Public Art Advisory Committee - One vacancy for a three-year term
for an Art Professional ending January 1, 2004 (term expires for Nancy
Purington). (3 males and 3 females currently serve.)
(6) Senior Center Commission - Two vacancies for three-year terms
ending December 31,2003 (terms expire for Deborah Schoenfelder and
Chevalier Monsanto). (4 females and 2 males currently serve.)
Appointments will be made November 21.
ITEM NO. 17. CITY COUNCIL INFORMATION.
ITEM NO. 18. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. CityClerk.
c. City Manager.
ITEM NO. 19. ADJOURNMENT.
· --- City Council Meeting Schedule and oo~o~,~ooo
,,~ CIq/of
~ ¢~' Tentative Work Session Agendas
I October 12 Thursday
6:30p CITY HALL DAY Council Chambers
6:30p Reception
7:00p Program Begins
I October 16 Monday
6:30p SPECIAL COUNCIL FORMAL MEETING Council Chambers
· Executive Session - Pending Litigation and Property Acquisition
COUNCIL WORK SESSION Council Chambers
Near Southside Transportation Center Presentation
· Review Zoning Items
· City Plaza Sculpture Selections
· Broadway Improvement Group Update
· Review Agenda Items
· Appointments: Civil Service Commission (1); Historic Preservation Commission
(1); Housing and Community Development Commission (2); Solid Waste
Advisory Committee (8)
· Collective Bargaining
· Council Time
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
I November 10 Friday I
VETERANS' DAY HOLIDAY - CITY OFFICES CLOSED
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Kirkwood Avenue Signalization Sidewalk Cafes
Campaign Contributions Dog Park